$ LI BRARY O F CONGRESS. I 



^erryr*. --°- 

A 

^UNITED STATES OF AMKUIQA.g 



ANALYSIS 

or 

CIVIL GOVERNMENT, 



INCLUDING 



A TOPICAL AND TABULAR ARRANGEMENT 



Constitution of the United States. 



DESIGNED AS 

A CLASS-BOOK FOR THE USE OF GRAMMAR, HIGH, AND NORMAL 

SCHOOLS, ACADEMIES, AND OTHER INSTITUTIONS 

OF LEARNING. 



BY 

CALVIN TOWNSEND, 

COUNSELOR- AT-LAW. 




NEW YORK: 
PUBLISHED BY IVISON, PHINNEY, BLAKEMAN, & CO. 

PHILADELPHIA: J. B. LIPPINCOTT & CO. 

CHICAGO: S. C. GRIGGS & CO. 

1869. 






Entered, according to Act of Congress, in the year 186S, by 

CALVIN TOWNSEND, 

In the Clerk's Office of the District Court of the United States for the Northern 
District of New York. 



Geo. C. Rand & Avery, Electrotypers and Printers, 

3Cornhill, Boston. 



PREFACE. 



The analytic method of this work furnishes its chief 
claim to superiority over others as a text-book on civil 
government. The Constitution of the United States is 
our fundamental law. To understand this well is to under- 
stand the whole theory ; and to analyze this is to analyze 
the entire American system. 

The principal aim, therefore, of this work is to present 
analytically the subject of civil government as adminis- 
tered in this country. 

The living, earnest teacher of to-day insists on a critical 
analysis of whatever subject he brings into the class-room. 
This has been the tendency of his profession for several 
years. A general acquaintance with miscellaneous and 
scattered facts bearing on his subject does not satisfy. He 
must get inside of things, and take his pupil with him. 

No work has been published, known to the author, pre- 
tending to give a topical and tabular arrangement of the 
principles of our government. Several authors have 
written with ability on civil government, having direct 
reference to the wants of the schoolroom ; but they have 
not satisfied the instructor. Whether the present attempt 
shall add one more to the list of failures, time and the 
teacher will tell. 

The Constitution of the United States consists of a com- 
bination of powers granted and powers prohibited. Each 
of these classes of powers is divisible into general topics 



PREFACE. 



under general titles. Each of these is subdivisible into 
more specific topics, having more specific titles ; and these 
last into others, and they into still others, until the point 
of final analysis is gained. Example : — 

1. How composed. 

2. Eligibility. 

3. Tenure of office. 

4. By whom chosen. 
1. United-States J 5. When chosen. 

Senate. 6. How classed. 

7. Vacancies. 

8. Vote. 

9. Presiding officer. 
I 10. Senate powers. 



1. Legislative. 



2. House of Rep- 
resentatives. 



1. Proportion. 

2. Apportionment. 

3. Eligibility. 

4. Term of office. 

5. By whom chosen. 

6. Electors. 

7. Vacancies. 

8. Census. 

9. House powers. 



2. Executive. 



3. Judicial. 



The executive and judicial branches are each divisible 
and subdivisible into topics, the same as the legislative 



PREFACE. 5 

branch. The sub-titles at the extreme right, or several of 
them, may be divided also. Take, for instance, Eligibili- 
ty. Its conditions are, 1st, Age ; 2d, Citizenship ; 3d, In- 
habitancy; 4th, Official Disencumbrance. Also Senate 
Powers: 1st, Legislative; 2d, Executive; 3d, Elective; 
4th, Judicial. 

Thus all the elements of kindred significance are grouped 
together in one table, under one common and appropriate 
title. For this purpose, paragraphs, sections, and clauses, 
whenever necessary, are severed from their original con- 
nections in the Constitution. Indeed, very little attention 
is paid to the original arrangement of the subjects of that 
document. The preceding example will give the teacher 
an idea of the manner in which lessons may be given by 
topics. 

Exhaustively grouping the sections and clauses of the 
Constitution itself must necessarily make thorough work 
at every step. Every element of the main subject, even 
to critical minuteness, will be clearly comprehended by the 
pupil. He will experience the scholarly satisfaction also, 
that something is completed every lesson. 

In the tabular arrangement of the sections and clauses 
of the Constitution, nothing is omitted or added ; and, as 
far as possible, the precise language of that instrument is 
retained. 

Familiar and critical explanations of the Analysis, topic 
by topic, in the order of their arrangement, are given 
according to the views of the most eminent writers on con- 
stitutional law. Very little or no claim is laid by the 
author to originality of construction. In this, he acknowl- 
edges his entire indebtedness to the illustrious men who 
formed the Constitution, as their views appear in the 
Madison Papers and the Federalist ; and to the profound 



b PREFACE. 

jurists whose works are accepted by the legal profession 
as of the highest authority. 

For several years, there has been a growing conviction 
among educators, that civil government 'should be added 
to the list of studies in all our schools of the higher grades, 
and in the advanced classes of the common school. 

The school-boy of to-day becomes the voter of to-morrow. 
The millions of youth now in the schools of America are 
soon to decide all the grave questions of national interest 
which concern us as a people. The ballot more than the 
bullet must determine the destiny of our country. The 
ballot in the hands of the ignorant may do more mischief 
than the torch of the incendiary in the towers of the 
metropolis. 

If the publication of this work shall contribute to a more 
extended acquaintance by the masses of American youth 
with the fundamental principles of our government, the 
purpose for which it was written will be realized. 

THE AUTHOR. 
Rochester, N.Y., October, 1868. 



INTRODUCTION. 



BY REV. JAMES E. LATIMER, D.D. 



In these days, a new book can vindicate its claims to 
public notice and favor only on the ground that the topics 
of which it treats are absolutely new, or that it discusses a 
known subject in such a manner as to make us instantly 
feel that it meets an acknowledged want. 

Such is the claim we make for the book before us. It 
treats a common subject, — one that was ably presented by 
the distinguished Judge Story, some thirty years since, in 
convenient form for the use of schools, and, since, by several 
authors of less distinction, though of acknowledged ability. 
But the peculiar merit of our author consists in the ana- 
lytical method which he adopts. His aim is purely didactic, 
and to teach exactly what the Constitution contains. 

This book is one that was not made, but grew. Prof. 
Townsend, the author, has for years made civil government 
a speciality in lessons and lectures before the teachers' 
institutes of New York. What was small and unpretend- 
ing in the beginning has thus grown into importance on 
his hands, until it has become the full, well-rounded treatise 
which is here presented. 

He has been urged to the preparation and publication of 
this work by the myriad voices of educators and teachers 
who have listened to his instructive lessons upon a subject 
which is usually so dry and repulsive. 



8 INTRODUCTION. 

He has drawn the materials for his work from original 
sources, and from commentaries of classic excellence. We 
see traces of interminable rummagings of the Madison 
Papers, the Federalist, Elliot's Debates, Story and Rawle 
on the Constitution, Kent's and Blackstone's Commentaries, 
as well as the most patient gleanings from official, statistical, 
and chronological tables. 

In reading the author's manuscript, as I was permitted 
to do, I was struck with its absolute freedom from all 
political bias, the pure ether of impartiality that marks 
every page, the clear and well-defined statement of fact, 
and, above all, the almost faultless analysis and symmetry 
of the entire work. 

The author has published the analysis in chart form, 
separate from the book, in large type, suitable for display 
in the schoolroom ; and has thus furnished an invaluable 
aid in the study of the book and in class-rehearsals. 

We commend the book as a conscientious one, made on 
honor, and calculated to last. Not only graded schools, but 
colleges and the higher institutions of learning, will find it 
of advantage to introduce it into their course of study. 
The student of civil government will thank the author 
for such a book, as it will surely kindle a taste for the 
study of this subject. Besides, it will do much to remove 
the popular ignorance regarding our institutions, too long 
prevalent in this country, where the humblest citizen is 
invested with the attributes of political sovereignty. 

JAMES E. LATIMER. 



CONTENTS. 



PART I. 



Chapter I. pxgb. 


Chapter XI. 


tut. 


Early Settlement of America 


11 


Origin of the Present Constitution 


. 23 


Chapter II . 




Chapter XII. 




Origin of Land-Titles in United States 


13 


Ratification of the Constitution . 


. 29 


Chapter m. 




Chapter XQI. 




Common Law in the Colonies . 


14 


Amendments to the Constitution 


. 31 


Chapter TV. 




Chapter XTV. 




Colonial Governments .... 


14 


Departments of Government 


. 33 


Chapter V. 








Causes of the American Revolution . 


16 


I. 




Chapter VI. 




Declaration of Rights . 


. 35 


Unity of the Colonies .... 


18 


II. 




Chapter VII. 




Declaration of Independence 


. 40 


Articles of Confederation . 


18 


m. 




Chapter VIII. 




Articles of Confederation . 


. 45 


Peculiarities under the Confederation, 


19 


IV. 




Chapter IX. 




Constitution of the United States 


. 55 


Decline and Fall of the Confederation, 


21 


V. 




Chapter X. 




Analysis of the Constitution 


. 78 


Leading Defects of the Confederation, 


22 


Appendix . . . 


. 106 



PART II. 



ANNOTATIONS ON THE ANALYSIS. 



Preamble . 
Departments 



CHAPTER I. 

HOUSE OF REPRESENTATIVES. 
Article I. Proportion . 
" II. Apportionment . 
" III. Eligibility . 
" IV. Term . . " . 
" V. By whom elected 
" VI. Electors 
" VII. Vacancies . 
" VIII. Census 
" IX. House-Powers . 

CHAPTER n. 

UNITED-STATES SENATE. 

Article I. How composed . 
44 II. Eligibility . 



109 


Art. III. Term . 


. 132 


114 


" IV. By whom chosen 


. 133 




" V. When chosen 


. 134 




" VI. How classed 


. 135 




" VII. Vacancies . 


. 135 




" VIII. Vote . 


. 137 


114 


" IX. Presiding Officer 


. 137 


116 


44 X. Senate-Powers . 


. 141 


119 






121 
122 
123 


CHAPTER ni. 




PROVISIONS COMMON TO BOTH 


HOUSES. 


124 


Article I. Membership 


. 148 


124 


" II. Quorum 


. 148 


126 


" III. Journal 


. 149 




" IV. Yeas and Nays . 


. 150 




" V. Business-Rules . 


. 151 




" VI. Penalties . 


. 151 




" VII. Prohibitions 


. 152 


129 


'« VIII. Oflicial Oath 


. 153 


130 


" IX. Salaries 


. 154 



10 



CONTENTS. 



CHAPTER IV. 

POWERS OF CONGRESS. , AGE> 

Article I. Finances .... 157 
" II. Commerce .... 163 
" ///. Commercial . . .133 
" IV. Penalties . . . .172 
" V. Postal . . . .175 

" VI. Patent and Copy Rights . 173 

" VII. War 181 

" VIII. Judiciary . . . .133 
" IX. Naturalization . . .139 
" X. Territory . . . .192 
" XI. States . . . .197 

" XII. Executive Vacancy . . 201 
" XIII. Appointments . . .201 
" XIV. Constitutional Amend- 
ments . . . .202 
" XV. Slavery . . . .203 
" XVI. General Law-making . 205 
" XVII. Meeting . . . .203 

CHAPTER V. 

LAW-MAKING. 

Article I. Proceedings . . .207 

First Process . . .207 

Second Process . . 207 

Third Process . . 208 

" II. Orders, Resolutions, and 

Votes . . . .211 

CHAPTER VI. 
PROHIBITIONS ON THE UNITED STATES. 



Article 1. Habeas Corpus . 

" II. Direct Taxes 

" III. Export Duties . 

" IV. Inter-State Commerce 

" V. Public Money . 

" VI. Nobility . 

" VII. Penalties . 

" VIII. Foreign Slave-Trade 

" IX. Repudiation 

" X. Freedom . 

CHAPTER Vn. 

RELATING TO OFFICERS 

Article I. Ineligibility 

" II. Foreign Patronage 
" III. The President . 
" IV. Impeachment . 

CHAPTER VHI. 
RIGHTS OF STATES. 

Article I. Representation . 

" II. Citizenship 

" III. State Amity 

" IV. New States 

" V. Elections . 

" VI. Militia Officers . 

" VII. Fcxleral Protection 

" VIII. Fugitives . 

" IX. Reservations 



211 
213 

213 
214 
214 

215 
216 
217 
221 

222 



. 225 

. 227 
. 227 



. 228 
. 230 
. 230 
. 231 
. 231 
. 232 
. 232 
. 233 
. 235 



CHAPTER IX. 
STATE SUBORDINATION. 

Article I. Origin of State Obligations, 236 
" II. Supremacy of United- 
States Authority . . 238 
" III. Official Oath . . .239 



CHAPTER X. 




STATE PROHIBITIONS. 


tass. 


Article I. State relations . 


. 240 


" II. Commercial 


. 241 


" III. War . 


. 244 


" IV. Penalties . 


. 245 


" V. Nobility 


. 245 


" VI. Duties 


. 245 


" VII. Slavery 


. 246 


CHAPTER XI. 




PERSONAL RIGHTS. 




Article I. Domicile 


. 249 


" //. Security 


. 249 


" III. Judicial 


. 250 


" IV. Criminal Actions 


. 252 


" V. Civil Actions 


. 256 


" VI. Treason 


. 257 


" VII. Official Immunities . 


. 259 



CHAPTER XII. 
EXECUTIVE DEPARTMENT. 

Article I. In whom vested 
" II. Term . 
" III. Eligibility . 
" IV. Election 
" V. Oath of Office 
" VI. How removable 
" VII. Salary, 
" VIII. Powers and Duties 



CHAPTER XIII. 
VICE-PRESIDENT. 



260 
231 
282 
263 
271 
271 
272 
272 



Article I. Eligibility . 
" II. Election 
" III. Oath of Office . 
" IV. Term . 
" V. Powers and Duties 


. 281 
. 282 
. 283 
. 233 
. 233 


CHAPTER XIV. 




JUDICIAL DEPARTMEN1 




Article I. Where vested 
" II. Judges 
" 277. Jurisdiction 


. 284 
. 287 
. 289 



CHAPTER XV. 

Article I. Presidents of the United 

States . . . .296 
" II. State Department . . 299 
" III. Treasury Department . 301 
" IV. War Department . . 302 
" V. Navy Department . . 305 
" VI. Post-office Department . 306 
" VII. Interior Department . . 308 
" VIII. Attorney-General':} Office. 310 
" IX. Speakers of the House of 

Representatives . . 312 
" X. Presidents pro tempore of 

the Senate . . .314 

Glossary 317 

Index . 331 



ANALYSIS OF CIVIL GOVERNMENT. 



PAET I 

CHAPTER I. 
EARLY SETTLEMENT OF AMERICA. 

§1. The North- American Colonies, over which the British 
Government maintained supremacy for more than a hundred years, 
were known as New Hampshire, Massachusetts, Rhode Island, 
Connecticut, New York, New Jersey, Pennsylvania, Delaware, 
Maryland, Virginia, North Carolina, South Carolina, and Georgia. 
Ever since the Declaration of Independence, they have been called 
States. 

§ 2. They were settled chiefly by British subjects, except New 
York and Delaware ; the former by emigrants from Holland, and 
the latter from Holland and Switzerland. 

§ 3. The British claim to jurisdiction over these Colonies was 
founded on what Christian nations recognized as the right of dis- 
covery. Great Britain denied from the beginning the right of the 
Dutch to make settlements in America. That denial was based on 
the fact that John Cabot and his son Sebastian, British subjects, 
under commission from Henry the Seventh, sailed along the eastern 
coast of North America in 1497. The Cabots, however, made no 
attempt at settlement or conquest. 

§4. At the time of its settlement, Delaware was an appendage 

li 



12 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

to the government of New York ; but it was afterwards separated 
from that Colony, and came under the jurisdiction of Pennsylvania. 
New York was early wrested from the Dutch by conquest, and 
brought under British authority. 

§ 5. The only title which the nations of Europe had to any part 
of the American continent was founded on what they called the 
right of discovery. It is difficult to comprehend the justice of this 
pretense, when it is known that the country was already occupied 
by a race of men who had been in undisputed possession for untold 
ages. As between themselves, it might not be unjust or improper 
that the European nations should make discovery the foundation of 
title; but, as against the natives of the soil, discovery could not 
furnish the shadow of a claim. 

§ 6. The right of discovery set up by the Europeans, substantially 
ignores the sacred rights of the original inhabitants of this country. 
Nativity must furnish a more valid title than discovery ; and there 
is not a people on earth that would require any argument to con- 
vince them of this where their own rights were involved. Demon- 
strations of power are not always demonstrations of right. 

§ 7. The Indians have always been treated as merely lawful occu- 
pants, having at most only a qualified right to the soil. The pow- 
erful nations of Europe, and our own government, have recognized 
them only as tenants-at-will, subject to removal at the pleasure of 
superior power. 

§ 8. The learned Judge Story remarks in regard to the wrongs per- 
petrated on the red man, " They have not been permitted, indeed, 
to alienate their possessory right to the soil, except to the nations 
to whom they were thus bound by a qualified dependence : but, in 
other respects, they have been left to the free exercise of internal 
sovereignty in regard to the members of their own tribe, and in 
regard to the intercourse with other tribes ; and their title to the soil, 
by way of occupancy, has been generally respected, until it has 
been extinguished by purchase, or by conquest, under the authority 
of the nation upon which they were dependent. 

§9. "A large portion of the territory in the United States to 
which the Indian title is now extinguished has been acquired by 



Part L] 



ORIGIN OF LAND-TITLES. 



13 



purchase ; and a still larger portion by the irresistible power of 
arms, over a brave, hardy, but declining race, whose destiny seems 
to be to perish as fast as the white man advances upon his foot- 
steps." 



CHAPTER n. 
ORIGIN OF LAND-TITLES IN THE UNITED STATES. 

§ 1. When our fathers conquered their independence, the States 
and United States succeeded to whatever title Great Britain pre- 
viously had to the territory. 

§ 2. The lapse of time, and general acquiescence, as well as the 
judicial and legislative authorities, have so established this source as 
the foundation of land-titles, that its validity can not now be suc- 
cessfully called in question. Whether just or unjust, it will prob- 
ably remain for ever undisturbed. 

§ 3. But these remarks are applicable to those lands only which 
were obtained through the revolutionary struggle with Great Britain, 
resulting in the achievement of our independence. Extensive addi- 
tions have been made to the domain of this country by treaties with 
other powers ; and, of course, the origin of land-titles is traceable 
within any such territory to the treaties through which the titles 
have been acquired. 

DATES OF THE SETTLEMENTS OF THE NORTH- AMERICAN COLONIES. 



Virginia . 


160G 


North Carolina . 


. 1663 


Massachusetts . 


. 1620 1 


South Carolina . 


. 1663 


New Hampshire 


1629 


New Jersey . . 


. 1664 


Maryland 


1632 


Pennsylvania 


. 1681 


Connecticut . 


1635 


Delaware 


. 1682 


Rhode Island . 


1636 


Georgia . . . 


. 1732 


New York . . 


1662 







These dates refer only to permanent settlements made under dis- 
tinct organizations. 

1 Originally called the Colony of Plymouth ; but afterwards united with Massa- 
chusetts proper, which was settled in 1628. 



14 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

CHAPTER III. 
COMMON LAW IN THE COLONIES. 

§ 1. When territory is found uninhabited at the origin of new 
settlements therein, it is usual to adopt the laws of the nation from 
which the settlers have migrated, so far as they may be found ap- 
plicable to the new condition of things. 

Although this country was occupied by a wild, uncultivated, and 
savage population, without law or government in any civilized sense, 
the colonists chose to consider themselves as settling an uninhabited 
territory. As a large proportion of the new settlers of these Colonies 
were from England, they would naturally lean to the jurisprudence 
of that country. 

§ 2. It must be remembered, also, that the Colonies were nearly 
all settled under the patronage and favor of Great Britain. Those 
that were not, soon came under the jurisdiction of the British 
Crown. 

§ 3. These are the principal circumstances that led to the adoption 
of the English common law amon£ the North- American Colonies, 
and which constitutes to a great extent, at the present time, the 
system of jurisprudence in this country. 



CHAPTER IV. 
COLONIAL GOVERNMENTS. 
The Colonial Governments may properly be divided into three 



1. Provincial, 

2. Proprietary, and 

3. Charter. 

1. Provincial Governments, 

§ 1. The Provincial Governments were wholly under the control 
of the sovereign of Great Britain. They emanated froi* his 



Part I.] COLONIAL GOVERNMENTS. 15 

authority, and had no fixed constitution of government. The king 
issued his commissions to the royal governors from time to time, 
accompanied with specific instructions which were to be obeyed. 

§ 2. The governors were, under these governments, regarded as 
the representatives or deputies of the king. The king also 
appointed a council, having limited legislative authority, who 
were to assist the governor in the discharge of his official duties. 
Both governor and council held their offices during the royal 
pleasure. 

§ 3. The governor had authority to convene a general assembly 
of the representatives of the freeholders and planters of the Prov- 
ince. The governor, council, and representatives constituted the 
Provincial Assembly. 

§ 4. Provincial Assembly, constituted of, 

1st. The Representatives, — Lower House ; 
2d. The Council, — Upper House ; 
3d. The Governor, — 
having a veto on all the proceedings of the two houses, with power 
also to prorogue and dissolve them. These constituted the local 
law-making power, subject to the approval or disapproval of the 
Crown. 

§ 5. The governor appointed the judges and magistrates. 

Under this form of government were included the Colonies of 
New Hampshire, New York, Virginia, North Carolina, South Caro- 
lina, Georgia. 

2. Proprietary Governments, 

§ 6. The meaning of the word proprietary is owner, or proprie- 
tor. The proprietor, or proprietary, derived not only the title to the 
soil, but also the general powers of government, from the king. 
The powers of government extended over the whole territory so 
granted, which became a kind of dependent royalty. 

§ 7. Under these governments, the governors were appointed by 
the proprietary or proprietaries. The legislature was convened and 
organized according to the will of the proprietary. He also had the 
appointment of officers of every grade. 



16 



ANALYSIS OF CIVIL GOVERNMENT. [Part I. 



§ 8. Lord Baltimore held Maryland, and William Penn held 
Pennsylvania and Delaware, under this form of government, and as 
proprietaries. 

3, Charter Governments, 

§ 9. These were, in many respects, not unlike our State Govern- 
ments. They were created by letters patent, or grants of the 
Crown, which conferred the soil within the limits denned, and all the 
powers of government, on the grantees and their associates and suc- 
cessors. These charters were similar to some of our State Constitu- 
tions, distributing the powers of government into three departments, 
— legislative, executive, and judicial. 

§ 10. They defined the powers of the different branches of the 
government, and secured to the inhabitants certain political privi- 
leges and rights. " The appointment and authority of the governor, 
the formation and structure of the legislature, and the establishment 
of courts of justice, were specially provided for ; and generally the 
powers appropriate to each were defined." 

Massachusetts, Rhode Island, and Connecticut had charter gov- 
ernments. 



CHAPTER V. 
CAUSES OF THE AMERICAN REVOLUTION. 

§ 1. The Colonies were not sovereignties in any political sense, 
not being endowed with power to enter into alliances or treaties with 
each other or with foreign nations. 'They were merely dependen- 
cies on the British Crown ; but the citizens of each Colony enjoyed 
the full rights of British subjects in all the Colonies, and were at 
liberty to move from one Colony to another, and to become inhabit- 
ants and citizens thereof. 

§ 2. The growth of the Colonies. was slow and gradual, running 
along through a period of from one hundred to one hundred and 
fifty years. The prerogatives of the Crown and the rights of the 
people had not been clearly defined on the one side, nor accepted on 



PARI L] CAUSES OF THE REVOLUTION. 17 

the other. During the latter part of this period,, therefore, the 
relative rights of sovereign and subject became a matter of serious 
and earnest contention. 

§ 3. The Colonial Legislatures claimed entire and exclusive 
authority in all matters relating to their own domestic and internal 
affairs. They denied all power of taxation, except under laws 
passed by themselves ; not admitting that even the British Parlia- 
ment and Crown combined had any such power. They insisted 
that a free people could not be taxed without their consent in 
person, or through their accredited representatives. 

§ 4. On the other hand, the British Parliament, by express 
declaration, claimed that the Colonies and Plantations in America 
have been, are, and of right ought to be, subordinate unto, and 
dependent upon, the imperial Crown and Parliament of Great 
Britain ; that the king, with the advice and consent of Parliament, 
" had, hath, and of right ought to have, full power and authority to 
make laws and statutes of sufficient force and validity to bind the 
Colonies and people of America in all cases whatsoever." 

§ 5. The theory that Great Britain had the right to tax the Colo- 
nies, together with the attempt to carry that doctrine into practice 
on the part of the Crown and Parliament, and its denial on the part 
of the Colonies, united with the determination on their part to carry 
that denial to open, practical resistance, led to final separation from 
all connection with Great Britain. 

§ 6. Hoping to prevent this result, Parliament passed an act 
intended to conciliate the Colonies, which declared that " Parliament 
would not impose any duty or tax on the Colonies, except for the 
regulation of commerce ; and that the net produce of such duty or 
tax should be applied to the use of the Colony in which it was 
levied." But this did not satisfy the disaffected colonists. They 
claimed to be sole judges of what should be done, even for their own 
good. 

§ 7. The spirit of liberty was thus aroused ; and a sense of future 
danger inspired them to take the onward steps that finally led to the 
Declaration of Independence on the fourth day of July, 1776. 



18 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

CHAPTER VI. 
UNITY OF THE COLONIES. 

§ 1. Although the Colonies were not at any time united in any 
sense as a nation, they sometimes found it of advantage to unite 
temporarily for the common defense against the Indian tribes, as 
well as the Dutch; and also in 1754, for the purpose of defending 
themselves in case of war with France, which at that time seemed 
imminent. 

§ 2. These experiences had taught them that there was safety as 
well as strength in union. Therefore, when England gave evidence 
of a determination to oppress the Colonies, they did not hesitate to 
unite in vindication of their common interests. 

§ 3. A Congress, at the call of Massachusetts, assembled in 
Philadelphia Sept. 5, 1774, consisting of delegates from all the 
Colonies. This is known in history as the " First Continental Con- 
gress." It was the first in which all the Colonies were represented. 

§ 4. This Congress published to the world a long and emphatic 
bill of rights, which may be regarded as the first decided step 
towards independence. It was clear to every reflecting mind, that, 
if that declaration of rights were accepted by the people, either 
England must take a speedy backward step, or the declaration of 
separation and independence was just at hand. 

§ 5. The Second Continental Congress assembled in Philadelphia 
May 10, 1775. This Congress continued in session until the close 
of the Revolutionary War, and until a definite form of government 
was adopted. It passed the Declaration of Independence, in which, 
for the first time, the Colonies received the name of United States 
of America, — a title which has been continued ever since. 



CHAPTER VII. 

AKTICLES OF CONFEDERATION. 

§ 1. On the eleventh day of June, 1776, it became evident that 
the Declaration of Independence was only a question of a few days' 



Part L] PECULIARITIES. 19 

time, as a committee was appointed on that day to draft such a 
document to be reported to Congress. This step rendered it more 
than ever necessary that some plan of union between the Colonies 
should be adopted. Another committee was therefore appointed to 
prepare Articles of Confederation, which should bring the Colonies 
into a closer and more definite union. 

§ 2. This committee reported a plan of confederation July 12 
following, just eight days after the adoption of the Declaration of 
Independence. This document consisted of twenty articles as it 
came from the hands of the committee. It was discussed at various 
times in Congress, running through a period of some sixteen months, 
subjected to various amendments, consolidated into thirteen articles, 
and finally adopted by Congress Nov. 15, 1777. 

§ 3. The Articles of Confederation were immediately sent to all 
the States, with the Congressional recommendation for their approval 
and adoption. The new government constituted by these Articles 
was not to go into operation until the consent of all the States 
should be obtained. 

§ 4. In July, 1778, the ratification of all the States was ob- 
tained, except Delaware, New Jersey, and Maryland. The assent 
of New Jersey was given Nov. 25 of the same year ; of 
Delaware, Feb. 22, 1779; and of Maryland, March 1, 1781. 
On the second day of March, 1781, Congress assembled under 
the Confederation. 

§ 5. But the Revolutionary War, which began in 1775, had con- 
tinued all this time ; during which the States had been united by 
the ties of a common interest, by the sense of a common danger, 
and by the necessities of a common cause, having no written bond 
of union. In short, they were held together by their fears. 



CHAPTER VIII. 

PECULIARITIES UNDER THE CONFEDERATION. 

Although the Articles of Confederation are given in full in 
another place, it is deemed proper to give here some of the 



20 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

peculiarities of that document which distinguish it from the present 
Constitution of the United States. 

§ 1. The Confederation was declared to be a firm league of 
friendship between the several States. 

§ 2. Delegates to Congress were to be appointed annually, in 
such manner as the Legislature of each State might direct. 

§ 3. The power was reserved to the States to recall their dele- 
gates, or any of them, within the year, and to send others in their 
places for the remainder of the year. 

§ 4. No State was allowed representation in Congress by less 
than two, nor more than seven, members. 

§ 5. No person was eligible to a seat in Congress for more than 
three in any term of six years. 

§ 6. Each State had to maintain its own delegates in a meeting 
of the States, and while acting as members of the Committee of the 
States. 

§ 7. In determining questions in the Congress, each State had 
but one vote. 

§ 8. All charges of war and other expenses, incurred for the com- 
mon defense and general welfare, were to be defrayed out of a 
common treasury. 

§ 9. The treasury was to be supplied by the several States, 
in proportion to the value of all lands, and the improvements 
and buildings thereon, within each State, granted to or surveyed 
for any person, to be estimated according to the direction of Con- 
gress. 

§ 10. Congress was to send and receive ambassadors. 

§ 11. Congress was the tribunal of last resort, on appeal, in all 
disputes and differences, between two or more States, concerning 
boundary, jurisdiction, or any other cause whatever. 

§ 12. Congress was the tribunal to decide all controversies con- 
cerning the private right of soil claimed under different grants of 
two or more States, under certain limitations. 

§ 13. Congress was to commission all the officers of the United 
States. 

§ 14. Congress had authority to appoint a committee, to 6it 



PART I.] DECLINE OF CONFEDERATION. 21 

during the recess of that body, to be denominated " a Committee of 
the States," and to consist of one delegate from each State. 

§ 15. Canada, acceding to the Confederation, and joining in the 
measures of the United States, was to be admitted into the Union. 

§ 16. The Union was to be perpetual. 

§ 17. No provision was made for any such officer as President. 

§ 18. There was no national judiciary. 

§ 19. Congress consisted of but one house. 



CHAPTER IX. 
DECLINE AND FALL OF THE CONFEDERATION. 

§ 1. The National Government, under the form and Articles of 
Confederation, soon demonstrated its own weakness, and, in a few 
years, resulted in a total failure. Six years of war experience with- 
out this bond of union, two years of like experience with it, and 
six years of peace experience under it, convinced the statesmen of 
that day, and indeed the people generally, that the Confederacy was 
merely the " shadow of a government, without the substance." 

§ 2. The education of the leading minds and statesmen of that 
day was but a revolutionary education ; and their efforts at the 
framework of a new government were mainly directed to such a 
system as might have answered the purpose under the revolutionary 
condition of things through which they were passing. 

§ 3. But a few years of peace showed that the States, when no 
longer influenced by a fear inspired by a sense of weakness, would 
be slow to render obedience to a power of which they were jealous 
from the beginning, and which, paradoxical as it may seem, was 
contemptible for its very want of strength. 

§ 4. In the language of a leading mind of that day, " By this 
political compact, the United States in Congress have exclusive 
power for the following purposes, without being able to execute one 
of them : — 

" 1st. They may make and conclude treaties, but can only recom- 
mend the observance of them. 



22 



ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

"2d. They may appoint ambassadors, but can not defray even 
the expenses of their tables. 

" 3d. They may borrow money in their own name on the faith of 
the Union, but can not pay a dollar. 

" 4th. They may coin money, but they can not purchase an ounce 
of bullion. 

"5th. They may make war, and determine what number of troops 
are necessary, but can not raise a single soldier. 

" 6th. In short, they may declare every thing, but do nothing.''' 



CHAPTER X. 
LEADING DEFECTS OF THE CONFEDERATION. 

The following is a summary of the leading defects of the Articles 
of Confederation, as a Constitution for a nation made up of a large 
number of States, as given by an eminent jurist of a later day : — 

§ 1. There was an utter want of all coercive authority in the 
Continental Congress to carry into effect any of their constitutional 
measures. 

§ 2. There was no power in the Continental Congress to punish 
individuals for any breach of their enactments. Their laws must 
be wholly without penal sanction. 

§ 3. They had no power to lay taxes, or to collect revenue for 
the public service. The power over taxes was expressly and exclu- 
sively reserved to the States. 

§ 4. They had no power to regulate commerce, either with foreign 
nations, or among the several States. It was left, with respect to 
both, exclusively to the management of each particular State, thus 
being at the mercy of private interests or local prejudices. 

§ 5. As might be expected, " the most opposite regulations ex- 
isted in different States ; and there was a constant resort to retalia- 
tory legislation from their jealousies and rivalries in commerce, iti 
agriculture, or in manufactures. Foreign nations did not fail to 



Part L] origin of present constitution. 



23 



avail themselves of all the advantages accruing from this suicidal 
policy, tending to the common ruin. 

§ 6. " For want of some singleness of power, — a power to act 
with uniformity, and one to which all interests could be reconciled, 
— foreign commerce was sadly crippled, and nearly destroyed." 

§ 7. The country was deeply in debt, without a dollar to pay, or 
the means even to draw a dollar into the public treasury ; and what 
money there was in the country was rapidly making its way abroad. 

§ 8. Great as these embarrassments were, the States, full of jeal- 
ousy, were tenaciously opposed to making the necessary concessions 
to remedy the great and growing evil. All became impressed with 
the fear, that, unless a much stronger national government could be 
instituted, all that had been gained by the Revolutionary struggle 
would soon be lost. 

§ 9. Many of the more prominent patriots and statesmen of the 
day had made the effort to obtain an enlargement of the powers of 
Congress, but without success. It became evident, that, whatever 
else might be done, the Confederacy, as such, must crumble into 
ruins. 



CHAPTER XI. 
ORIGIN OF THE PRESENT CONSTITUTION. 

§ 1. To the State of Virginia belongs the immortal honor of tak- 
ing the first step that led to the formation and adoption of our pres- 
ent Constitution ; and to the illustrious James Madison, more than 
to any other man, must be awarded the distinction of making the 
first effective move in that direction. 

§ 2. On the 21st of January, 1786, the legislature of Virginia 
passed the following resolution : — 

"Resolved, That Edmund Randolph, James Madison, jun., "Wal- 
ter Jones, St. George Tucker, and Meri weather Smith, Esqs., be 
appointed Commissioners, who, or any three of whom, shall meet 
such commissioners as may be appointed in the other States of the 



24 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

Union, at a time and place to be agreed on, to take into considera- 
tion the trade of the United States ; 

1 ' To examine the relative situations and trade of said States ; 

" To consider how far a uniform system in their commercial regu- 
lations may be necessary to their common interests and their perma- 
nent harmony ; 

" And to report to the several States such act relative to this 
great object, as, when unanimously ratified by them, will enable the 
United States in Congress effectually to provide for the same." 

§ 3. Just previous to this, in 1785, Commissioners had been 
appointed by Virginia and Maryland for the accomplishment of a 
more limited object, and which more exclusively concerned those 
two States. 

§ 4. Maryland deemed the concurrence of her neighbors, Dela- 
ware and Pennsylvania, indispensable in the matter ; although it 
related only to settling the jurisdiction on waters dividing the two 
States of Virginia and Maryland. The same reasons that rendered 
it necessary that Maryland should consult her neighbors seemed to 
render it equally necessary that those neighbors should consult their 
neighbors. 

§ 5. It was thus demonstrated, that, whatever action might be 
taken on any subject of general concern, it would extend itself or 
its influences all over the Union. This illustration of the neces- 
sity of uniformity in matters of public interest had its influence in 
impressing all minds with a sense of the importance of such a gen- 
eral Convention as was now recommended in the resolution of the 
Virginia Legislature. 

§ 6. The time and place of the proposed Convention being left to 
the Virginia Commissioners, they named for the time the first Mon- 
day in September, 1786; and the place, Annapolis, Md. The Com- 
missioners who attended from Virginia were Messrs. Randolph, 
Madison, and Tucker. 

§ 7. Although there was a strong popular feeling in favor of the 
proposed Convention, when the time came for its meeting, only 
five States were represented. Some of them had not even ap- 
pointed Commissioners, and some Commissioners who were appointed 



PART L] ORIGIN OF PRESENT CONSTITUTION. 25 

failed to attend. But it had become evident, that, notwithstanding 
this Convention, as such, was a failure, public opinion was advancing 
in the right direction. 

§ 8. The New-Jersey deputation had a commission extending its 
object to a general provision for the "exigencies of the Union." 
Acting on this suggestion, a recommendation for this enlarged pur- 
pose was reported by a committee to whom the subject had been 
referred. 

§ 9. That report was written by Alexander Hamilton of New 
York, and addressed to the legislatures of the States represented in 
the Convention; viz., New York, Pennsylvania, Virginia, Dela- 
ware, and New Jersey. 

Commissioners appointed from New Hampshire, Massachusetts, 
Rhode Island, and North Carolina, failed to report themselves to 
the Convention. 

The States of Maryland, Connecticut, South Carolina, and Geor- 
gia, did not appoint Commissioners. 

§ 10. This report was an able, lucid, and elaborate document, 
recommending another convention of deputies from all the States, 
to meet on the second Monday of May following, 1787, in the city 
of Philadelphia. A copy of the report was also sent to Congress. 

§ 11. Virginia again took the lead, and was the first to act favor- 
ably on the recommendation to appoint deputies to the proposed 
Philadelphia Convention. The legislature of that State were unani- 
mous, or very nearly so, in their response to the call of the report. 
"As a proof of the magnitude and solemnity attached to it, they 
placed Gen. Washington at the head of the deputation from that 
State ; and, as a proof of the deep interest he felt in the case, he 
overstepped the obstacles to his acceptance of the appointment." 

§ 12. Congress took no action on the recommendation of the re- 
port, until the legislature of New York instructed its delegation in 
that body "to move a resolution, recommending to the several 
States to appoint deputies to meet in Convention for the purpose 
of revising and proposing amendments to the Federal Constitution." 

§ 13. Feb. 21, 1787, a resolution was moved and carried in 
Congress, recommending a Convention to meet in Philadelphia at 



26 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

the time suggested in the report, " for the purpose of revising the 
Articles of Confederation, and reporting to Congress and the sev- 
eral State legislatures such alterations and provisions therein, as 
shall, when agreed to in Congress and confirmed by the States, 
render the Federal Constitution adequate to the exigencies of gov- 
ernment and the preservation of the Union." 

§ 14. Public opinion was on the rapid march. Many events had 
transpired, even after the appointment of commissioners to meet at 
Annapolis, and before that Convention assembled, which matured 
the popular judgment in favor of the proposition for a general Con- 
vention for the purposes set forth in the report. 

§ 15. Still other events took place immediately after the Hamil- 
ton report was published, which still further demonstrated the neces- 
sity of such a Convention as was proposed therein. All were now 
satisfied that the Union was in extreme danger. No calm, dispas- 
sionate observer could ignore it. 

§ 16. " Among the ripening incidents," says a prominent states- 
man of that day, " was the insurrection of Shays in Massachusetts 
against her government, which was with difficulty suppressed, not- 
withstanding the influence on the insurgents of an apprehended in- 
terposition of the Federal troops." 

§ 17. The insurrection above alluded to was led by one Daniel 
Shays, who was followed by about two thousand insurgents, having 
for their object the open defiance and resistance of the laws under 
which the taxes were to be collected and private obligations and 
contracts to be enforced. It spread over several of the counties of 
that State; and so formidable was it, that United-States troops were 
called for to suppress it. But, by vigorous measures on the part of 
the State, it was overcome. Several of the leaders were condemned 
to death ; but, on account of the popular sentiment in their favor, it 
was deemed unwise to execute them. 

§ 18. The public debt, most of which had been contracted in the 
sacred cause of liberty in the struggle for independence, remained 
unpaid. Congress had made repeated calls on the States for pay- 
ment: but these calls were either partially or wholly unheeded; one 
State expressly and openly refusing to take any step tending to its 



Part I.] origin of present constitution. 27 

liquidation. The public mind Was everywhere filled with gloom and 
despondency. 

§ 19. In reference to the embarrassments of commerce, Mr. 
Madison says, " The same want of a general power over com- 
merce led to an exercise of the power separately by the States, 
which not only proved abortive, but engendered rival, conflicting, 
and angry regulations." 

§ 20. " Besides the vain attempt to supply their respective treas- 
uries by imposts, which turned their commerce into the neighboring 
ports, and to coerce a relaxation of the British monopoly of the West- 
India navigation, which was attempted by Virginia, the States hav- 
ing ports for foreign commerce taxed and irritated the adjoining 
States, trading through them, as New York, Pennsylvania, Vir- 
ginia, and South Carolina. Some of the States, as Connecticut, 
taxed imports from other States, as Massachusetts; which com- 
plained in a letter to the Executive of Virginia, and doubtless to 
those of other States." 

§ 21. "In sundry instances, as of New York, New Jersey, 
Pennsylvania, and Maryland, the navigation interests treated the 
citizens of other States as aliens." . . . 

§ 22. "As a natural consequence of this distracted and dis- 
heartening condition of the Union, the Federal authority had ceased 
to be respected abroad ; and dispositions were shown there, particu- 
larly in Great Britain, to take advantage of its imbecility, and to 
speculate on its approaching downfall. At home it had lost all 
confidence and credit : the unstable and unjust career of the States 
had also forfeited the respect and confidence essential to order and 
good government, involving a general decay of confidence between 
man and man." 

§ 23. Under these distracting and depressing influences, the 
States had become favorable to the call from Annapolis to send 
delegates to the proposed Philadelphia Convention, which convened 
at the time appointed. There was by no means a full representa- 
tion of the States, however ; there being present but twenty-nine 
delegates at the opening. But, as there was good reason to believe 
that there would soon be a larger number, they proceeded to 



28 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

organize by choosing George Washington president. He received 
the unanimous vote. 

§ 24. There being so few delegates present, the Convention did 
not proceed immediately to business, but adjourned from day to day 
until Monday the 28th. The Convention* sat with closed doors ; 
and remained in session until the seventeenth day of September 
following, when they reported the draft of the present Constitution 
of the United States. 

§ 25. By a resolution of the Convention, it was laid before the 
United States in Congress assembled, with the recommendation that 
it should be submitted to a Convention of delegates chosen in each 
State by the people thereof, under the direction of its legislature, 
for their assent and ratification j and that each Convention assenting 
to and ratifying the same should give notice thereof to the United 
States in Congress assembled. 

§ 26. The original intention and object of the Convention were, 
it will be remembered, simply to revise and amend the Articles of 
Confederation. But the Convention early came to the conclusion 
that it was necessary to form an entirely new Constitution. 

§ 27. With the report to Congress, the Convention addressed a 
letter to that body, giving the reasons for their proceedings. The 
Convention also passed two resolutions, copies of which were sent to 
Congress ; the substance of one of which has been already given, 
and both of which, with the letter, will be found appended to the 
Constitution in this work. 

§ 28. Sept. 28, 1787, Congress having received the report of the 
Convention, unanimously 

"Resolved, That the said report, with the resolutions and letter 
accompanying the same, be transmitted to the several legislatures, in 
order to be submitted to a Convention of delegates chosen in each 
State by the people thereof, in conformity to the resolves of the 
Convention made and provided in that case." 

§ 29. By the terms of the new Constitution, the ratification of 
the Conventions of nine States was declared sufficient for its 
establishment between the States so ratifying the same. 



Part I.] RATIFICATION OF CONSTITUTION. 29 

CHAPTER XII. ^ 
RATIFICATION OF THE CONSTITUTION. 

§ 1. The new Constitution was now fairly before the people of 
the United States. It met from the outset with very strong opposi- 
tion ; and the attacks were as various as the points of the compass. 

§ 2. Oue class of objectors held that it gave too much power 
into the hands of the Federal Government ; aud another, that it did 
not give enough. 

One maintained that the Senate should be elected for life ; 
another, that six years was quite too long. One, that it should be 
elected by the people ; another, that it should be elected by the 
House of Representatives. 

Some held that the terms of office generally were quite too long ; 
Others, that they were too short. 

§ 3. One class thought the President should be elected for life ; 
one, for ten years ; one, for six ; and another, that he should be elected 
annually. One class held that he ought to be elected by Congress ; 
another, that he should be elected by direct vote of the people ; and 
still another, that we could get along very well without any Presi- 
dent at all. 

One class thought the Constitution invested the President with 
too much power ; and another, with too little. 

§ 4. Similar objections were urged against the House of Repre- 
sentatives. Some were for having the members elected by electors 
for that purpose appointed ; others, for having them elected by the 
State legislatures. Some thought the term of two years too short ; 
others, too long. The objections against the judiciary were quite as 
various and opposite. 

§ 5. The storm raged with terrible political and personal violence 
and asperity. Probably at no time in the history of this country 
has party spirit run so high as at that time. Every feature of the 
new plan of government was debated by the ablest minds of the day. 
Profound statesmen were found in the ranks of opposition to the 
Constitution, — men whose patriotism, and purity of motive, could 



30 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

not be questioned. Even some of the members of the Convention 
that framed that document, able and influential members too, not 
only refused to sign it for submission to the people, but went out 
amongst their constituencies, and denounced it to the last. 

§ 6. But the friends of the new Constitution finally triumphed. 
Three States ratified it before the close of the year 1787, and eight 
more by the 26th of July, 1788 ; so that, in less than one year 
from the time of its submission to the people, a sufficient number 
of States had accepted it as the fundamental law of the land to 
warrant the commencement of operations under it. 

§ 7. Sept. 13, 1788, Congress passed a resolution appointing 
the first Wednesday in January following for the choice of electors 
of President of the United States ; the first Wednesday of Febru- 
ary of the same year for the meeting of the electors to vote for that 
officer ; and the first Wednesday of March thereafter for commen- 
cing proceedings under the Constitution at New York, which was 
then the place of the meetings of Congress. 

§ 8. Electors were accordingly appointed, and their votes given 
for President. Elections of members of the House of Representa- 
tives by the people, and for senators by the State legislatures, were 
held ; so that on Wednesday, the fourth day of March, 1789, the 
first Constitutional Congress met, and proceedings were commenced 
under the new organization. 

§ 9. In those days, travel was far more difficult than in these later 
days of railroad facilities. A quorum in Congress, therefore, did 
not assemble until the 6th of April, at which time the votes for 
President were counted ; and it was found that George Washington 
was unanimously elected, having received sixty-nine votes, — the 
whole number. John Adams of Massachusetts was elected Vice- 
President ; receiving thirty-four votes, the next highest number. 

§ 10. April 30, 1789, the President elect took the constitutional 
oath of office, it being administered to him by the Chancellor of 
the State of New York ; and the new government went into full 
operation. 

On the twenty-first day of April, John Adams entered on his 
duties as President of the Senate, and Vice-President of the United 
States. 



PART I.] AMENDMENTS TO CONSTITUTION. 31 

§ 11. "Thus was achieved," says Judge Story, " another and 
still more glorious triumph in the cause of national liberty than 
even that which separated us from the mother country. By it we 
fondly trust that our republican institutions will grow up, and be 
nurtured into more mature strength and vigor j our independence 
be secured against foreign usurpation and aggression ; our domestic 
blessings be widely diffused and generally felt ; and our union, as 
a people, be perpetuated as our own truest glory and support, and 
as a proud example of a wise and beneficent government, entitled 
to the respect, if not the admiration, of mankind." 

§ 12. The number of original States, as they are usually called, 
was thirteen. The following table exhibits the dates of the ratifica- 
tion of the new Constitution by these States respectively : — 

Delaware, Dec. 7, 1787. 

Pennsylvania, Dec. 12, 1787. 

New Jersey, Dec. 18, 1787. 

Georgia, Jan. 2, 1788. 

Connecticut, Jan. 9, 1788. 

Massachusetts, Feb. 6, 1788. 

Maryland, April 28, 1788. 

South Carolina, May 23, 1788. 

New Hampshire, June 21, 1788. 

Virginia, June 26, 1788. 

New York, July 26, 1788. 

NoRTn Carolina, Nov. 21, 1789. 

Rhode Island, May 29, 1790. 



CHAPTER XIII. 

AMENDMENTS TO THE CONSTITUTION. 

§ 1. The chief design of this work, but for which it would not 
have been written, being the treatment of the Constitution by 
topics, renders it necessary to refer, in this place, to the amend- 
ments which have been made to that instrument. Indeed, to carry 



32 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

out the design, no distinction can be made between the original 
instrument and its amendments : they must all be treated as one 
document in the Analysis, as they are in fact. 

§ 2. One of the strongest objections urged by its opponents 
against the adoption of the Constitution as it came from the hands 
of the Convention was, the want of a recognition of certain rights 
of citizens, several of which have since been adopted as amendments 
to the Constitution. Those who were vehement in their opposition 
to the ratification of the instrument were emphatic in urging that it 
ought to contain such a bill of rights as would insure individual 
safety among the people. 

§ 3. The people had been unused to a national government that 
could reach individuals ; that is, that could reach them directly : 
for, under the Confederation, the government was utterly powerless 
to punish. There was a popular clamor, therefore, for a compre- 
hensive bill of rights. The people feared governmental encroach- 
ments on individual rights. 

§ 4. Most of the amendments to the Constitution were adopted 
under this apprehension, and within a few years after the organiza- 
tion of the new government. The Constitution contained provisions 
for its own amendment ; for its illustrious authors never claimed 
that it was by any means perfect. 

§ 5. At the first session of the first Congress under the Constitu- 
tion, therefore, held in New York, that body passed a resolution, 
Sept. 25, 1789, two-thirds of both houses concurring, proposing 
to the legislatures of the several States twelve articles of amendment 
to the Constitution. 

§ 6. Ten of these articles were ratified by the States in the fol- 
lowing order, viz. : — 

New Jersey, Nov. 20, 1789. 

Maryland, Dec. 19, 1789. 

North Carolina, Dec. 22, 1789. 

South Carolina, Jan. 19, 1790. 

New Hampshire, Jan. 25, 1790. 

Delaware, Jan. 28, 1790. 

Pennsylvania, March 10, 1790. 



Part I.] depaktments of government. 33 

New York, March 27, 1790. 

Rhode Island, June 15, 1780. 

Vermont, Nov. 3, 1791. 

Virginia, Dec. 15, 1791. 
§ 7. As the legislatures of three-fourths of the several States 
concurred in the first ten articles of amendment proposed, they be- 
came valid to all intents and purposes as a part of the Constitution 
from Dec. 15, 1791. 

§ 8. The eleventh article of amendment was proposed by the 
Third Congress at its first session, March 15, 1794. President 
Adams declared in his message to Congress, Jan. 8, 1798, that it 
had received the ratification of the constitutional number of States, 
and was therefore a part of the fundamental law of the land. 

§ 9. The twelfth article of amendment was proposed at the first 
session of the Eighth Congress, Dec. 12, 1803, and received the rati- 
fication of the requisite number of States during the following year, 
and became part of the Constitution. 

§ 10. The thirteenth article of amendment was proposed at the 
second session of the Thirty-eighth Congress, passing the Senate 
April 8, 1864, and the House Jan. 31, 1865. William H. Seward, 
Secretary of State, officially announced to the country, Dec. 18, 
1865, that it had been ratified by three-fourths of the States, and 
was therefore a part of the supreme law of the land. 1 



CHAPTER XIV. 
DEPARTMENTS OF GOVERNMENT. 

§ 1. No free government can exist on earth, in which the admin- 
istration of its powers and functions is not distributed. Let one 
man have the power to make the laws, to interpret them, and to 
execute the same, and that man will become a despot, and his gov- 
ernment a despotism. Human nature must be made over anew, or 
such a result must follow such an investment of authority in a single 
individual. 

1 The fourteenth Article of Amendments has been adopted since this work was 
prepared for the press, — too late for comment or analysis in the proper place. — 
See pages 74 and 106, 



34 ANALYSIS OF CIVIL GOVERNMENT. [Pakt I. 

§ 2. If this concentration of powers shall be extended to an in- 
definite number of men, whether that number be few or many, the 
character of the government will remain unchanged. One or more 
persons might safely be trusted with either one of these high pre- 
rogatives ; but the danger consists in the concentration of all in the 
same hands. 

§ 3. All writers on free government agree, that the legislative, 
the executive, and the judicial powers should be kept as separate 
and distinct as possible. It is hardly possible, however, for human 
wisdom to devise a plan by which they can be kept entirely separate 
in the administration of government. 

§ 4. This has been attempted by the wisest and best of minds, 
but has failed. Not one of all the American States has succeeded ; 
though, in some instances, they may have done all that finite wisdom 
could accomplish. But in all cases, without a single exception, 
there has been a partial mixture of these powers. 

§ 5. In several of the States, for instance, the Executive is elected 
by the legislature, if no one receives a majority-vote by the people. 
In one State he is elected by the legislature, without any attempt 
at an election by the people. 

In nearly all of the States, the judicial officers are impeachable 
by one or both branches of the legislature. In some of the States, 
the officers of the judiciary are appointed by the governor and 
the legislature, or one branch of that body. 

In others, the governor may veto any act passed by the legisla- 
ture ; after which, in order that the act so vetoed may become a 
law, it must be re-passed by a two-thirds majority of both houses. 

In some States, the judicial officers are elected by the people, but 
removable on the address of one or both branches of the legislature. 
In others, they are removable by one or both branches, on the ad- 
dress of the Executive. In still others, the judicial officers are 
appointed by one or both branches of the legislature, and removable 
by one branch on impeachment by the other. 

§ 6. In fact, there is no such thing as a complete and absolute 
separation of the three departments from each other. And all that 
is intended, in speaking of the three branches being kept separate 



PART L] DECLARATION OF EIGHTS. 35 

and distinct, is, that tbe powers and duties properly belonging to any 
one branch or department shall not be interfered with or adminis- 
tered by either of the others ; that neither shall possess a controlling 
influence over the others in the performance of their respective duties. 

§ 7. In order that there may be official independence, it is neces- 
sary "that the legislative, executive, and judiciary powers shall 
be kept as separate from, and independent of, each other, as the 
nature of a free government will admit, or as is consistent with 
that chain of connection that binds the whole fabric of the Consti- 
tution in one indissoluble bond of unity and amity." 

§ 8. The Constitution of the United States aims to separate the 
three departments as widely as possible, and to render them as inde- 
pendent, the one of the others, as the complicated nature of the 
subject will permit. The government of the United States is a 
representative government ; and there is far less danger to liberty 
arising from the partial mixture of these powers in this country, 
than in a government of less direct responsibility to the people, 



The following is the Declaration of Rights made by the first Con- 
tinental Congress, Oct. 14, 1774, — nearly two years before the 
Declaration of Independence. But it was not difficult to foresee 
that separation from the mother country was imminent, unless Great 
Britain or the Colonies should take an immediate backward step. 
Indeed, this Declaration of Bights foreshadowed the Declaration of 
Independence. 

DECLARATION OF RIGHTS. 

Whereas, since the close of the last war, the British Parliament, 
claiming a power of right to bind the people of America by statutes 
in all cases whatsoever, hath, in some acts, expressly imposed taxes 
on them, and in others, under various pretenses, but in fact for the 
purpose of raising a revenue, hath imposed rates and duties paya- 



36 ANALYSIS OF CIVIL GOVEBNMENT. [Part I. 

ble in these Colonies, established a board of commissioners with 
unconstitutional powers, and extended the jurisdiction of admiralty, 
not only for collecting the said duties, but for the trial of causes 
merely arising within the body of a county ; 

And whereas, in consequence of other statutes, judges, who 
before held only estates at will in their offices, have been made 
dependent on the Crown alone for their salaries, and standing armies 
kept in time of peace ; and whereas, it has lately been resolved 
in Parliament, that, by force of a statute made in the thirty-fifth 
year of the reign of King Henry the Eighth, colonists may be trans- 
ported to England, and tried there upon accusations for treasons, and 
misprisions or concealments of treasons, committed in the Colonies, 
and by a late statute such trials have been directed in cases therein 
mentioned ; 

And whereas, in the last session of Parliament, three statutes 
were made, — one entitled an " Act to discontinue, in such manner 
and for such time as are therein mentioned, the Landing and Dis- 
charging, Lading or Shipping, of Goods, Wares, and Merchandise at 
the Town and within the Harbor of Boston, in the Province of Mas- 
sachusetts Bay, in New England ; " and another statute was then 
made, " for Making more Effectual Provisions for the Government 
of the Province of Quebec," &c, — all which statutes are impolitic, 
unjust, and cruel, as well as unconstitutional, and most dangerous 
and destructive of American rights ; 

And whereas, assemblies have been frequently dissolved, contrary 
to the rights of the people, when they attempted to deliberate on 
grievances ; and their dutiful, humble, loyal, and reasonable peti- 
tions to the Crown for redress have been repeatedly treated with 
contempt by his majesty's ministers of State ; 

The good people of the several Colonies of New Hampshire, Mas- 
sachusetts Bay, Rhode Island and Providence Plantations, Connec- 
ticut, New York, New Jersey, Pennsylvania, New Castle, Kent and 
Sussex on Delaware, Maryland, Virginia, North Carolina, and South 
Carolina, justly alarmed at these arbitrary proceedings of Parliament 
and Administration, have severally elected, constituted, and appointed 
deputies to meet and sit in General Congress, in the city of Phila- 



PART L] DECLARATION OF EIGHTS. 37 

delphia, in order to obtain such establishment as that their religion, 
laws, and liberties may not be subverted. Whereupon the deputies 
so appointed, being now assembled in a full and free representation 
of these Colonies, taking into their most serious consideration the 
best means of attaining the ends aforesaid, do in the first place, as 
Englishmen, their ancestors, in like cases have usually done, for 
affecting and vindicating their rights and liberties, DECLARE, — 

That the inhabitants of the English Colonies in North America, by 
the immutable laws of nature, the principles of the English Consti- 
tution, and the several charters or compacts, have the folio win & 
RIGHTS : — 

Resolved, N. C. D., 1 1. That they are entitled to life, liberty, and 
property ; and they have never ceded to any sovereign power what- 
ever a right to dispose of either without their consent. 

Resolved, N. C. D., 2. That our ancestors, who first settled these 
Colonies, were, at the time of their emigration from the mother 
country, entitled to all the rights, liberties, and immunities of free 
and natural born subjects within the realm of England. 

Resolved, N. C. D., 3. That, by such emigration, they by no 
means forfeited, surrendered, or lost any of those rights ; but that 
they were, and their descendants now are, entitled to the exercise 
and enjoyment of all such of them as their local and other circum- 
stances enable them to exercise and enjoy. 

Resolved, 4. That the foundation of English liberty, and of all 
free government, is a right in the people to participate in their 
legislative council ; and as the English colonists are not represented, 
and from their local and other circumstances can not properly be 
represented, in the British Parliament, they are entitled to a free 
and exclusive power of legislation in their several Provincial legisla- 
tures, where their right of representation can alone be preserved, in 
all cases of taxation and internal polity, subject only to the negative 
of their sovereign, in such manner as has been heretofore used and 
accustomed. But from the necessity of the case, and a regard to 
the natural interests of both countries, we cheerfully consent to the 

1 Abbreviations for nemine contradicente ; signifying, no one opposing. 



38 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

operation of such acts of the British Parliament as are bond fide 
restrained to the regulation of our external commerce, for the pur- 
pose of securing the commercial advantages of the whole empire to 
the mother country, and the commercial benefits of its respective 
members; excluding every idea of taxation, internal or external, 
for raising a revenue on the subjects in America without their con- 
sent. 

Resolved, N. C. D., 5. That the respective Colonies are entitled 
to the common law of England, and more especially to the great 
and inestimable privilege of being tried by their peers of the vicin- 
age according to the course of that law. 

Resolved, 6. That they are entitled to the benefit of such of the 
English statutes as existed at the time of their colonization, and 
which they have, by experience, respectively found to be applicable 
to their several local and other circumstances. 

Resolved, N. C. D., 7. That these, his Majesty's Colonies, are 
likewise entitled to all the immunities and privileges granted and 
confirmed to them by royal charters, or secured by their several 
codes of Provincial laws. 

Resolved, N. C. D., 8. That they have a right peaceably to 
assemble, consider of their grievances, and petition the king ; and 
that all prosecutions, prohibitory proclamations, and commitments 
for the same, are illegal. 

Resolved, N. C. D., 9. That the keeping a standing army in 
these Colonies in times of peace, without the consent of the legisla- 
ture of that Colony in which such army is kept, is against law. 

Resolved, N. C. D., 10. It is indispensably necessary to good 
government, and rendered essential by the English Constitution, 
that the constituent branches of the legislature be independent of 
each other ; that, therefore, the exercise of legislative power in sev- 
eral Colonies by a council, appointed during pleasure by the Crown, 
is unconstitutional, dangerous, and destructive to the freedom of 
American legislation. 

All and each of which, the aforesaid deputies, in behalf of them- 
selves and their constituents, do claim, demand, and insist on, as 
their indubitable rights and liberties, which can not be legally taken 



Part I.] DECLARATION OF EIGHTS. 39 

from them, altered, or abridged, by any power whatever, without their 
own consent, by their representatives in their several Provincial 
legislatures. 

In the course of our inquiry, we find many infringements and 
violations of the foregoing rights ; which, from an ardent desire that 
harmony and mutual intercourse of affection and interest may be 
restored, we pass over for the present, and proceed to state such acts 
and measures as have been adopted since the last war, which demon- 
strate a system formed to enslave America. 

Resolved, N. CD., That the following acts of Parliament are 
infringements and violations of the rights of the colonists ; and that 
the repeal of them is essentially necessary, in order to restore har- 
mony between Great Britain and the American Colonies ; viz. : — 

The several acts of 4 Geo. III. eh. 15 and ch. 34, 5 Geo. III. 
ch. 25, 6 Geo. III. ch. 52, 7 Geo. III. ch. 41 and ch. 46, 8 Geo. 
III. ch. 22, which impose duties for the purpose of raising a revenue 
in America, extend the power of the admiralty courts beyond their 
ancient limits, deprive the American subject of trial by jury, author- 
ize the judges' certificate to indemnify the prosecutor from damages 
that he might otherwise be liable to, requiring oppressive security 
from a claimant of ships and goods seized before he shall be allowed 
to defend his property, and are subversive of American rights. 

Also 12 Geo. Ill, ch. 24, entitled " An Act for the Better Secur- 
ing his Majesty's Dock-Yards, Magazines, Ships, Ammunition, and 
Stores," which declares a new offense in America, and deprives the 
American subject of a constitutional trial by jury of the vicinage, 
by authorizing the trial of any person charged with the committing 
any offense described in the said act, out of the realm, to be indicted 
and tried for the same in any shire or county within the realm. 

Also the three acts passed in the last session of Parliament, for 
stopping the port and blocking up the harbor of Boston, for altering 
the charter and government of Massachusetts Bay, and that which 
is entitled " An Act for the Better Administration of Justice," &c. 

Also the act passed in the same session for establishing the Roman- 
Catholic religion in the Province of Quebec ; abolishing the equitable 
system of English laws, and erecting a tyranny there, to the great 



40 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

danger (from so total a dissimilarity of religion, law, and govern- 
ment) of the neighboring British Colonies, by the assistance of 
whose blood and treasure the said country was conquered from 
France. 

Also the act passed in the same session, for the better providing 
suitable quarters for officers and soldiers in his Majesty's service 
in North America. 

Also that the keeping a standing army in several of these Colo- 
nies in time of peace, without the consent of the Legislature of that 
Colony in which such army is kept, is against law. 

To these grievous acts and measures Americans can not submit ; 
but in hopes their fellow-subjects in Great Britain will, on a revision 
of them, restore us to that state in which both countries found hap- 
piness and prosperity, we have, for the present, only resolved to 
pursue the following peaceable measures: 1. To enter into a non- 
importation, non-consumption, and non-exportation agreement or 
association ; 2. To prepare an address to the people of Great 
Britain, and a memorial to the inhabitants of British America; and, 
3. To prepare a loyal address to his Majesty, agreeable to resolu- 
tions already entered into. 



II. 

THE DECLARATION OF INDEPENDENCE, 
ADOPTED BY CONGRESS JULY 4, 1776. 



A Declaration by the Representatives of the United States 
of America, in Congress Assembled. 

When, in the course of human events, it becomes necessary for 
one people to dissolve the political bands which have connected them 
with another, and to assume among the powers of the earth the 
separate and equal station to which the laws of nature and of 
nature's God entitle them, a decent respect to the opinions of man- 
kind requires that they should declare the causes which impel them 
to the separation. 



Part I.] declaration of independence. 41 

TVe hold these truths to be self-evident, that all men are created 
equal ; that they are endowed by their Creator with certain unalien- 
able rights ; that among these are life, liberty, and the pursuit of 
happiness ; that, to secure these rights, governments are instituted 
among men, deriving their just powers from the consent of the gov- 
erned ; that, whenever any form of government becomes destructive 
of these ends, it is the right of the people to alter or to abolish it, and 
to institute a new government, laying its foundation on such princi- 
ples, and organizing its powers in such form, as to them shall seem 
most likely to effect their safety and happiness. Prudence, indeed, 
will dictate that governments should not be changed for light and 
transient causes ; and, accordingly, all experience hath shown that 
mankind are more disposed to suffer, while evils are sufferable, than 
to right themselves by abolishing the forms to which they are accus- 
tomed. But when a long train of abuses and usurpations, pursuing 
invariably the same object, evinces a design to reduce them 
under absolute despotism, it is their right, it is their duty, to throw 
off such government, and to provide new guards for their future 
security. Such has been the patient sufferance of these Colonies, 
and such is now the necessity which constrains them to alter their 
former systems of government. The history of the present king 
of Great Britain is a history of repeated injuries and usurpations, 
all having in direct object the establishment of an absolute tyranny 
over these States. To prove this, let facts be submitted to a candid 
world : — 

He has refused his assent to laws the most wholesome and neces- 
sary for the public good. 

He has forbidden his governors to pass laws of immediate and 
pressing importance, unless suspended in their operation till his 
assent should be obtained ; and, when so suspended, he has utterly 
neglected to attend to them. 

He has refused to pass other laws for the accommodation of large 
districts of people, unless those people would relinquish the right 
of representation in the Legislature; a right inestimable to them, 
and formidable to tyrants only. 

He has called together legislative bodies at places unusual, uncom- 



42 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

fortable, and distant from the depository of their public records, for 
the sole purpose of fatiguing them into compliance with his 
measures. 

He has dissolved representative houses repeatedly, for opposing, 
with manly firmness, his invasions on the rights of the people. 

He has refused, for a long time after such dissolutions, to cause 
others to be elected ; whereby the legislative powers, incapable of 
annihilation, have returned to the people at large for their exercise ; 
the State remaining, in the mean time, exposed to all the danger of 
invasion from without, and convulsions within. 

He has endeavored to prevent the population of these States ; for 
that purpose, obstructing the laws for naturalization of foreign- 
ers ; refusing to pass others to encourage their migration hither, and 
raising the conditions of new appropriations of lands. 

He has obstructed the administration of justice by refusing his 
assent to laws for establishing judiciary powers. 

He has made judges dependent on his will alone for the tenure 
of their offices, and the amount and payment of their salaries. 

He has erected a multitude of new offices, and sent hither swarms 
of officers to harass our people, and eat out their substance. 

He has kept among us, in times of peace, standing armies, with- 
out the consent of our Legislature. 

He has affected to render the military independent of, and 
superior to, the civil power. 

He has combined, with others, to subject us to a jurisdiction 
foreign to our Constitution, and unacknowledged by our laws ; giv- 
ing his assent to their acts of pretended legislation, — 

For quartering large bodies of armed troops among us ; 

For protecting them, by a mock trial, from punishment for any 
murders which they should commit on the inhabitants of these 
States ; 

For cutting off our trade with all parts of the world ; 

For imposing taxes on us without our consent ; 

For depriving us, in many cases, of the benefits of trial by jury ; 

For transporting us beyond seas to be tried for pretended of- 
fenses ; 



Part L] DECLARATION OF INDEPENDENCE. 43 

For abolishing the free system of English laws in a neighboring 
Province, establishing therein an arbitrary government, and enlar- 
ging its boundaries, so as to render it at once an example and lit 
instrument for introducing the same absolute rule into these 
Colonies ; 

For taking away our charters, abolishing our most valuable laws, 
and altering fundamentally the powers of our governments ; 

For suspending our own legislatures, and declaring themselves 
invested with power to legislate for us in all cases whatsoever ; 

He has abdicated government here, by declaring us out of his 
protection, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt our towns, 
and destroyed the lives of our people. 

He is, at this time, transporting large armies of foreign merce- 
naries to complete the works of death, desolation, and tyranny, 
already begun with circumstances of cruelty and perfidy scarcely 
paralleled in the most barbarous ages, and totally unworthy the 
head of a civilized nation. 

He has constrained our fellow citizens taken captive on the high 
seas to bear arms against their country, to become the execution- 
ers of their friends and brethren, or to fall themselves by their 
hands. 

He has excited domestic insurrections amongst us, and has 
endeavored to bring on the inhabitants of our frontiers the merci- 
less Indian savages, whose known rule of warfare is an undistin- 
guished destruction of all ages, sexes, and conditions. 

In every stage of these oppressions, we have petitioned for 
redress in the most humble terms : our repeated petitions have 
been answered only by repeated injury. A prince whose charac- 
ter is thus marked by every act which may define a tyrant is unfit 
to be the ruler of a free people. 

Nor have we been wanting in attention to our British brethren. 

We have warned them, from time to time, of attempts made by 
their legislature to extend an unwarrantable jurisdiction over us. 
We have reminded them of the circumstances of our emigration 
and settlement here. We have appealed to their native justice and 



44 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

magnanimity ; and we have conjured them, by the ties of our 
common kindred, to disavow these usurpations, which would 
inevitably interrupt our connections and correspondence. They, 
too, have been deaf to the voice of justice and consanguinity. We 
must, therefore, acquiesce in the necessity which denounces our 
separation, and hold them, as we hold the rest of mankind, enemies 
in war; in peace, friends. 

We, therefore, the representatives of the United States of 
America, in General Congress assembled, appealing to the 
Supreme Judge of the world for the rectitude of our intentions, 
do, in the name and by the authority of the good people of these 
Colonies, solemnly publish and declare, that these United Colonies 
are, and of right ought to be, free and independent States; that 
they are absolved from all allegiance to the British Crown, and that 
all political connection between them and the state of Great Britain 
is, and ought to be, totally dissolved; and that, as free and inde- 
pendent States, they have full power to levy war, conclude peace, 
contract alliances, establish commerce, and to do all other acts and 
things which independent States may of right do. And for the 
support of this declaration, with a firm reliance on the protection of 
Divine Providence, we mutually pledge to each other our lives, 
our fortunes, and our sacred honor. 

The signers to this Declaration were 

JOHN HANCOCK, President. 

NEW HAMPSHIRE. SAMUEL HUNTINGTON, 

JOSIAH BARTLETT, WILLIAM WILLIAMS, 

WILLIAM WHIPPLE, OLIVER WOLCOTT. 
MATTHEW THORNTON. 

NEW YORK. 
MA SSA CHU SETTS BA Y. ^ t t t a _ ^ ^^ 

WILLIAM FLOYD, 
SAMUEL ADAMS, PHILIP LIVINGSTON, 

JOHN ADAMS, FRANCIS LEWIS, 

ROBERT TREAT PAINE, LEWIg M0RR i S . 

ELBRIDGE GERRY. 

RHODE ISLAND. NEW JERSEY. 

STEPHEN HOPKINS, RICHARD STOCKTON, 

WILLIAM ELLERY. JOHN WITHERSPOON, 

FRANCIS HOPKINSON, 
CONNECTICUT. JOHN HART, 

ROGER SHERMAN, ABRAHAM CLARK. 



Pakt I.] ARTICLES OF CONFEDERATION. 



45 



PENNS YL VANIA . 

ROBERT MORRIS, 
BENJAMIN RUSH, 
BENJAMIN FRANKLIN, 
JOHN MORTON, 
GEORGE CLYMER, 
JAMES SMITH, 
GEORGE TAYLOR, 
JAMES WILSON, 
GEORGE ROSS. 

DELAWARE. 

CAESAR RODNEY, 
GEORGE REED, 
THOMAS McKEAN. 

MARYLAND. 

SAMUEL CHASE, 
WILLIAM PACA, 
THOMAS STONE, 
CHARLES CARROLL, of CarroUton. 



VIRGINIA. 
GEORGE WYTHE, 
RICHARD HENRY LEE, 
THOMAS JEFFERSON, 
BENJAMIN HARRISON, 
THOMAS NELSON, Jr., 
FRANCIS LIGHTFOOT LEE, 
CARTER BRAXTON. 

NORTH CAROLINA. 
WILLIAM HOOPER, 
JOSEPH HEWES, 
JOHN PENN. ' 

SOUTH CAROLINA. 
EDWARD RUTLEDGE, 
THOMAS HAYWARD, Jr., 
THOMAS LYNCH, Jr., 
ARTHUR MIDDLETON. 

GEORGIA. 
BUTTON GWINNETT, 
LYMAN HALL, 
GEORGE WALTON. 



III. 



We have already spoken of the adoption of the Articles of Con- 
federation. They are, at length, as follows : — 



ARTICLES OF CONFEDERATION AND PERPETUAL UNION 
BETWEEN THE STATES. 

To all to whom these presents shall come, we, the undersigned 
Delegates of the States affixed to our names, send greeting: 
Whereas the Delegates of the United States of America, in Con- 
gress assembled, did, on the fifteenth day of November, in the year 
of our Lord 1777, and in the Second Year of the Independence of 
America, agree to certain Articles of Confederation and perpetual 
Union between the States of New Hampshire, Massachusetts Bay, 
Rhode-Island and Providence Plantations, Connecticut, New York, 
New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North 
Carolina, South Carolina, and Georgia, in the words following, viz. : — 



46 ANALYSIS OF CIVIL GOVERNMENT. [Paiit I. 

Articles of Confederation and Perpetual Union between the States 
of New Hampshire, Massachusetts Bay, Rhode-Island and 
Providence Plantations, Connecticut, New York, New Jersey, 
Pennsylvania, Delaware, Maryland, Virginia, North Caro- 
lina, South Carolina, and Georgia. 

Article I. The' style of this Confederacy shall be, " The United 
States of America." 

Art. II. Each State retains its sovereignty, freedom, and inde- 
pendence, and every power, jurisdiction, and right which is not by 
this Confederation expressly delegated to the United States in Con- 
gress assembled. 

Art. III. The said States hereby severally enter into a firm 
league of friendship with each other, for their common defense, the 
security of their liberties, and their mutual and general welfare, 
binding themselves to assist each other against all force offered to 
or attacks made upon them, or any of them, on account of religion, 
sovereignty, trade, or any other pretense whatever. 

Art. IV. The better to secure and perpetuate mutual friendship 
and intercourse among the people of the different States in this 
Union, the free inhabitants of each of these States — paupers, vaga- 
bonds, and fugitives from justice, excepted — shall be entitled to all 
privileges and immunities of free citizens in the several States ; and 
the people of each State shall have free ingress and regress to and 
from any other State, and shall enjoy therein all the privileges of 
trade and commerce, subject to the same duties, impositions, and 
restrictions as the inhabitants thereof respectively ; provided that 
such restriction shall not extend so far as to prevent the removal of 
property, imported into any State, to any other State of which the 
owner is an inhabitant ; provided also that no imposition, duties, or 
restriction shall be laid by any State on the property of the United 
States, or either of them. 

If any person guilty of or charged with treason, felony, or other 
high misdemeanor, in any State, shall flee from justice, and be found 
in any of the United States, he shall, upon demand of the governor 
or executive power of the State from which he fled, be delivered up 
and removed to the State having jurisdiction of his offense. 



Part I.] ARTICLES OF CONFEDERATION. 47 

Full faith and credit shall be given in each of these States to the 
records, acts, and judicial proceedings of the courts and magistrates 
of every other State. 

Art. V. For the more convenient management of the general 
interest of the United States, delegates shall be annually appointed 
in such manner as the legislature of each State shall direct, to meet 
in Congress on the first Monday in November in every year, with a 
power reserved to each State to recall its delegates, or any of them, 
at any time within the year, and to send others in their stead for the 
remainder of the year. 

No State shall be represented in Congress by less than two nor 
by more than seven members ; and no person shall be capable of 
being a delegate for more than three years in any term of six years ; 
nor shall any person, being a delegate, be capable of holding any 
office under the United States, for which he, or another for his bene- 
fit, receives any salary, fees, or emolument of any kind. 

Each State shall maintain its own delegates in any meeting of the 
States, and while they act as members of the committee of the 
States. 

In determining questions in the United States in Congress assem- 
bled, each State shall have one vote. 

Freedom of speech and debate in Congress shall not be im- 
peached or questioned in any court, or place out of Congress ; and 
the members of Congress shall be protected in their persons from 
arrests and imprisonments during the time of their going to and 
from, and attendance on, Congress, except for treason, felony, or 
breach of the peace. 

Art. VI. No State, without the consent of the United States in 
Congress assembled, shall send any embassy to, or receive any em- 
bassy from, or enter into any conference, agreement, alliance, or 
treaty with, any king, prince, or state ; nor shall any person holding 
any office of profit or trust under the United States, or any of them, 
accept of any present, emolument, office, or title, of any kind what- 
ever, from any king, prince, or foreign state ; nor shall the United 
States in Congress assembled, or any of them, grant any title of no- 
bility. 



48 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

No two or more States shall enter into any treaty, confederation, 
or alliance whatever between them, without the consent of the United 
States in Congress assembled • specifying accurately the purposes for 
which the same is to be entered into, and how long it shall continue. 

No State shall lay any imposts or duties which may interfere with 
any stipulations in treaties entered into, by the United States in 
Congress assembled, with any king, prince, or state, in pursuance 
of any treaties already proposed by Congress to the courts of 
France and Spain. 

No vessels-of-war shall be kept up in time of peace by any State, 
except such number only as shall be deemed necessary, by the Unit- 
ed States in Congress assembled, for the defense of such State or 
its trade ; nor shall any body of forces be kept up by any State in 
time of peace, except such number only as, in the judgment of the 
United States in Congress assembled, shall be deemed requisite to 
garrison the forts necessary for the defense of such State ; but every 
State shall always keep up a well-regulated and disciplined militia, 
sufficiently armed and accoutered, and shall provide and have con- 
stantly ready for use in public stores a due number of field-pieces and 
tents, and a proper quantity of arms, ammunition, and camp equi- 
page. 

No State shall engage in any war without the consent of the Unit- 
ed States in Congress assembled, unless such State be actually in- 
vaded by enemies, or shall have received certain advice of a resolu- 
tion being formed by some nation of Indians to invade such State, 
and the danger is so imminent as not to admit of a delay till the 
United States in Congress assembled can be consulted ; nor shall 
any State grant commissions to any ships or vessels of war, nor let- 
ters of marque or reprisal, except it be after a declaration of war by 
the United States in Congress assembled, and then only against the 
kingdom or state, and the subjects thereof, against which war has 
been so declared, and under such regulations as shall be established 
by the United States in Congress assembled, unless such State be 
infested by pirates ; in which case vessels-of-war may be fitted out for 
that occasion, and kept so long as the danger shall continue, or until 
the United States in Congress assembled shall determine otherwise. 



Part I.] articles of confederation. 49 

Art. VU. When land-forces are raised by any State for the 
common defense, all officers of or under the rank of colonel shall 
be appointed by the Legislature of each State respectively by whom 
such forces shall be raised, or in such manner as such State shall 
direct ; and all vacancies shall be filled up by the State which first 
made the appointment. 

Art. VIII. All charges of war, and all other expenses that shall 
be incurred for the common defense or general welfare, and allowed 
by the United States in Congress assembled, shall be defrayed out 
of a common treasury, which shall be supplied by the several States 
in proportion to the value of all land within each State, granted to 
or surveyed for any person, as such land and the buildings and im- 
provements thereon shall be estimated, according to such mode as 
the United States in Congress assembled shall from time to time 
direct and appoint. The taxes for paying that proportion shall be 
laid and levied by the authority and direction of the Legislatures of 
the several States within the time agreed upon by the United States 
in Congress assembled. 

Art. IX. The United States in Congress assembled shall have 
the sole and exclusive right and power of* determining on peace and 
war, except in cases mentioned in the Sixth Article ; of sending 
and receiving ambassadors, entering into treaties and alliances, 
provided that no treaty of commerce shall be made whereby the 
legislative power of the respective States shall be restrained from 
imposing such imposts and duties on foreigners as their own people 
are subjected to, or from prohibiting the exportation or importation 
of any species of goods or commodities whatsoever ; of establishing 
rules for deciding in all cases what captures on land or water shall 
be legal, and in what manner prizes taken by land or naval forces 
in the service of the United States shall be divided or appropriated ; 
of granting letters of marque and reprisal in times of peace, ap- 
pointing courts for the trial of piracies and felonies committed on the 
high seas, and establishing courts for receiving and determining 
finally appeals in all cases of captures, provided that no member of 
Congress shall be appointed a judge of any of the said courts. 

The United States in Cougress assembled shall also be the last 

4 



50 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

resort on appeal in all disputes and differences now subsisting or 
that hereafter may arise between two or more States concerning 
boundary, jurisdiction, or any other cause whatever ; which authority 
shall always be exercised in the manner following : Whenever the 
legislative or executive authority or lawful agent of any State, in 
controversy with another, shall present a petition to Congress, stating 
the matter in question, and praying for a hearing, notice thereof shall 
be given by order of Congress to the legislative or executive au- 
thority of the other State in controversy, and a day assigned for the 
appearance of the parties by their lawful agents, who shall then be 
directed to appoint, by joint consent, commissioners or judges to con- 
stitute a court for hearing and determining the matter in question : 
but, if they can not agree, Congress shall name three persons out of 
each of the United States ; and from the list of such persons each 
party shall alternately strike out one, the petitioners beginning, until 
the number shall be reduced to thirteen ; and from that number not 
less than seven nor more than nine names, as Congress shall direct, 
shall in the presence of Congress be drawn out by lot ; and the per- 
sons whose names shall be so drawn, or any five of them, shall be 
commissioners or judges to hear and finally determine the contro- 
versy, so always as a major part of the judges who shall hear the 
cause shall agree in the determination ; and if either party shall 
neglect to attend at the day appointed, without showing reasons 
which Congress shall judge sufficient, or, being present, shall refuse to 
strike, the Congress shall proceed to nominate three persons out of 
each State, and the Secretary of Congress shall strike in behalf 
of such party absent or refusing ; and the judgment and sentence 
of the court, to be appointed in the manner before prescribed, shall 
be final and conclusive; and, if any of the parties shall refuse to 
submit to the authority of such court, or to appear or defend their 
claim or cause, the court shall nevertheless proceed to pronounce 
sentence or judgment, which shall in like manner be final and deci- 
sive, — the judgment or sentence and other proceedings being in 
either case transmitted to Congress, and lodged among the acts of 
Congress for the security of the parties concerned : provided that 
every commissioner, before he sits in judgment, shall take an oath, 



Part I.] ARTICLES OF CONFEDERATION. 51 

to be administered by one of the judges of the Supreme or Superior 
Court of the State where the cause shall be tried, " well and truly 
to hear and determine the matter in question, according to the best 
of his judgment, without favor, affection, or hope of reward j " pro- 
vided also that no State shall be deprived of territory for the benefit 
of the United States. 

All controversies concerning the private right of soil claimed 
under different grants of two or more States, whose jurisdictions as 
they may respect such lands, and the States which passed such 
grants, are adjusted, the said grants or either of them being at the 
same time claimed to have originated antecedent to such settle- 
ment of jurisdiction, shall, on the petition of either party to the 
Congress of the United States, be finally determined, as near as 
may be, in the same manner as is before prescribed for deciding 
disputes respecting territorial jurisdiction between different States. 

The United States in Congress assembled shall also have the 
sole and exclusive right and power of regulating the alloy and 
value of coin struck by their own authority, or by that of the 
respective States ; fixing the standard of weights and measures 
throughout the United States ; regulating the trade and managing 
all affairs with the Indians, not members of any of the States, 
provided that the legislative right of any State within its own 
limits be not infringed or violated ; establishing or regulating 
post-offices from one State to another throughout all the United 
States, and exacting such postage on the papers passing through the 
same as may be requisite to defray the expenses of the said 
office ; appointing all officers of the land-forces in the service 
of the United States, excepting regimental officers ; appointing 
all the officers of the naval forces, and commissioning all officers 
whatever in the service of the United States ; making rules for 
the government and regulation of the said land and naval forces, 
and directing their operations. 

The United States in Congress assembled shall have authority to 
appoint a committee, to sit in the recess of Congress, to be denom- 
inated " A Committee of the States," and to consist of one delegate 
from each State ; and to appoint such other committees and civil 



62 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

officers as may be necessary for managing the general affairs of the 
United States under their direction ; to appoint one of their num- 
ber to preside, provided that no person be allowed to serve in the 
office of president more than one year in any term of three years ; 
to ascertain the necessary sums of money to be raised for the ser- 
vice of the United States, and to appropriate and apply the same 
for defraying the public expenses ; to borrow money, or emit bills 
on the credit of the United States, transmitting every half-year to 
the respective Spates an account of the sums of money so borrowed 
or emitted ; to build and equip a navy ; to agree upon the num- 
ber of land forces, and to make requisitions from each State for its 
quota, in proportion to the number of white inhabitants in such 
State ; which requisition shall be binding ; and thereupon the Legis- 
lature of each State shall appoint the regimental officers, raise the 
men, and clothe, arm, and equip them in a soldier-like manner, at 
the expense of the United States ; and the officers and men so 
clothed, armed, and equipped shall march to the place appointed 
and within the time agreed on by the United States in Congress 
assembled : but if the United States in Congress assembled shall, 
on consideration of circumstances, judge proper that any State should 
not raise men, or should raise a smaller number than its quota, and 
that any other State should raise a greater number of men than the 
quota thereof, such extra number shall be raised, officered, clothed, 
armed, and equipped in the same manner as the quota of such State, 
unless the Legislature of such State shall judge that such extra num- 
ber cannot be safely spared out of the same ; in which case they shall 
raise, officer, clothe, arm, and equip as many of such extra number as 
they judge can be safely spared ; and the officers and men so 
clothed, armed, and equipped shall march to the place appointed, 
and within the time agreed on by the United States in Congress 
assembled. 

The United States in Congress assembled shall never engage in 
a war ; nor grant letters of marque and reprisal in time of peace ; 
nor enter into any treaties or alliances ; nor coin money, nor regulate 
the value thereof; nor ascertain the sums and expenses necessary 
for the defense and welfare of the United States, or any of them ,• 



Part I.] ARTICLES OF CONFEDERATION. 53 

nor emit bills, nor borrow money on the credit of the United 
States; nor appropriate money; nor agree upon the number of 
vessels-of-war to be built or purchased, or the number of land or 
sea forces to be raised ; nor appoint a commander-in-chief of the 
army or navy, unless nine States assent to the same ; nor shall a 
question on any other point, except for adjourning from day to day, 
be determined, unless by the votes of a majority of the United 
States in Congress assembled. 

The Congress of the United States shall have power to adjourn 
to any time within the year, and to any place within the United 
States, so that no period of adjournment be for a longer duration 
than the space of six months ; and shall publish the journal of their 
proceedings monthly, except such parts thereof, relating to treaties, 
alliances, or military operations, as in their judgment require se- 
crecy : and the yeas and nays of the delegates of each State on any 
question shall be entered on the journal, when it is desired by any 
delegate ; and the delegates of a State, or any of them, at his or 
their request, shall be furnished with a transcript of the said jour- 
nal, except such parts as are above excepted, to lay before the Legis- 
latures of the several States. 

Art. X. The Committee of the States, or any nine of them, shall 
be authorized to execute, in the recess of Congress, such of the 
powers of Congress as the United States in Congress assembled, by 
the consent of nine States, shall from time to time think expedient 
to vest them with ; provided that no power be delegated to the said 
committee, for the exercise of which, by the Articles of Confedera- 
tion, the voice of nine States in the Congress of the United States 
assembled is requisite. 

Art. XL Canada, acceding to this Confederation, and joining 
in the measures of the United States, shall be admitted into, and 
entitled to all the advantages of, this Union ; but no other Colony 
shall be admitted into the same, unless such admission be agreed to 
by nine States. 

Art. XII. All bills of credit emitted, moneys borrowed, and 
debts contracted, by or under the authority of Congress before the 
assembling of the United States, in pursuance of the present Con- 



54 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

federation, shall be deemed and considered as a charge against the 
United States, for payment and satisfaction whereof the said United 
States and the public faith are hereby solemnly pledged. 

Art. XIII. Every State shall abide by the determinations of the 
United States in Congress assembled, on all questions which, by this 
Confederation, are submitted to them. And the Articles of this Con- 
federation shall be inviolably observed by every State, and the Union 
shall be perpetual ; nor shall any alteration at any time hereafter 
be made in any of them, unless such alteration be agreed to in a 
Congress of the United States, and be afterwards confirmed by the 
Legislatures of every State. 

And whereas it hath pleased the great Governor of the world 
to incline the hearts of the Legislatures we respectively represent 
in Congress to approve of, and to authorize us to ratify, the said 
Articles of Confederation and perpetual Union, KNOW YE, that we, 
the undersigned delegates, by virtue of the power and authority to 
us given for that purpose, do by these presents, in the name and in 
behalf of our respective constituents, fully and entirely ratify and 
confirm each and every of the said Articles of Confederation and 
perpetual Union, and all and singular the matters and things therein 
contained. And we do further solemnly plight and engage the 
faith of our respective constituents, that they shall abide by the 
determinations of the United States in Congress assembled on all 
questions which by the said Confederation are submitted to them ; 
and that the Articles thereof shall be inviolably observed by the 
States we respectively represent, and that the Union shall be per- 
petual. In witness whereof, we have hereunto set our hands in 
Congress. Done at Philadelphia, in the State of Pennsylvania, the 
ninth day of July, in the year of our Lord 1778, and in the third 
year of the Independence of America. 



Josiah Bartlett, JohnWentworth, jun. ) On the part and behalf of the 

Aug. 8, 1778, ) State of New Hampshire. 

John Hancock, Francis Dana, 

Samuel Adams, James Lovell, 

Elb ridge Gerry, Samuel Holton, 



On the part and behalf of the 
State of Massachusetts Bay. 



On the part and behalf of the 
■ State of Rhode Island 
Henry Marchant, ) Providence Plantation8 . 



!i 
State^of Rhode Island and 



Part I.] 



CONSTITUTION. 



55 



Roger Sherman, 
Samuel Huntington, 
Oliver Wolcott, 
Jas Duane, 
Fras Lewis, 

Jn° Withcrspoon, 

Rob' Morris, 

Daniel Roberdeau, 

Jon* Bayard Smith, 

Tho. M'Kean, Feb. 12, 17Y9, 

John Dickinson, May 5, 177! 

John Hanson, 

March 1, 1781, 
Richard Henry Lee, 
John Banister, 
Thomas Adams, 
John Penn, 

July 21, 1778, 
Henry Laurens, 
William Henry Drayton, 
Jn° Matthews, 
Jn° Walton, 

24th July, 1778, 



Titus Hosmer, 
Andrew Adam, 

William Duer, 
Govr Morris, 

Nath' Scudder, 

William Clingan, 
Joseph Reed, 

22d July, 1778, 
Nicholas Van Dyke. 

Daniel Carroll, 
March 1, 1781, 
Jn° Harvie, 

Francis Lightfoot Lee, 

Corns Harnett. 
Jn° Williams, 
Richd Hutson, 
Thos. Heyward, jun. 

Edw d Telfair, 
Edw d Langworthy, 



!On the part and behalf of the 
State of Connecticut. 

!On the part and behalf of tne 
State of New York. 
!On the part and behalf cf the 
State of New Jersey, Nov. 
2G, 1778. 

| On the part and behalf of the 
( State of Pennsylvania. 

) On the part and behalf of the 
) State of Delaware. 
) On the part and behalf of the 
f State of Maryland. 

On the part and behalf of the 
State of Virginia. 

On the part and behalf of the 
State of North Carolina. 

On the part and behalf of the 
State of South Carolina. 

On the part and behalf of the 
State of Georgia. 



IV. 



CONSTITUTION OF THE UNITED STATES OF AMEEICA. 

Note. — A large figure is placed on the left margin of each paragraph of the fol- 
lowing copy of the Constitution, so that the paragraphs may be referred to by num- 
bers. This will be found a convenience in studying the Analysis of the Constitution, 
as the corresponding figures are used there. 



1 



We, the People of the United States, in order to 
form a more perfect union, establish justice, insure do- 
mestic tranquillity, provide for the common defense, pro- 
mote the general welfare, and secure the blessings of lib- 
erty to ourselves and our posterity, do ordain and estab- 
lish this Constitution for the United States of America. 



2 



ARTICLE I. 
SECTION 1. 

1. All legislative powers herein granted shall be 
vested in a Congress of the United States, which shall 
consist of a Senate and House of Representatives. 



5 



56 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

SECTION 2. 

1. The House of Representatives shall be composed 

3 of members chosen every second year by the people of 
the several States, and the electors in each State shall 
have the qualifications requisite for electors of the most 
numerous branch of the State Legislature. 

4 2. No person shall be a Representative who shall not 
have attained to the age of twenty-five years, and been 
seven years a citizen of the United States, and who shall 
not, when elected, be an inhabitant of that State in which 
he shall be chosen. 

3. Representatives and direct taxes shall be appor- 
tioned among the several States which may be included 
within this Union, according to their respective numbers, 
which shall be determined by adding to the whole num- 
ber of free persons, including those bound to service for 
a term of years, and excluding Indians not taxed, three- 
fifths of all other persons. The actual enumeration shall 
be made within three years after the first meeting of the 
Congress of the United States, and within every subse- 
quent term of ten years, in such manner as they shall by 
law direct. The number of Representatives shall not ex- 
ceed one for every thirty thousand, but each State shall 
have at least one Representative ; and, until such enumer- 
ation shall be made, the State of New Hampshire shall 
be entitled to choose three, Massachusetts eight, Rhode- 
Island and Providence Plantations one, Connecticut five, 
New York six, New Jersey four, Pennsylvania eight, 
Delaware one, Maryland six, Virginia ten, North Caro 
lina five, South Carolina five, and Georgia three. 

4. When vacancies happen in the representation from 
any State, the executive authority thereof shall issue 
writs of election to fill such vacancies. 

5. The House of Representatives shall choose their 
Speaker and other officers, and shall have the sole power 
of impeachment. 



6 

7 



Fart I.] CONSTITUTION. 57 



8 



9 



10 



11 

12 
13 



SECTION 3. 

1. The Senate of the United States shall be composed 
of two Senators from each State, chosen by the Legisla- 
ture thereof for six years; and each Senator shall have 
one vote. 

2. Immediately after they shall be assembled in con- 
sequence of the first election, they shall be divided, as 
equally as may be, into three classes. The seats of the 
Senators of the first class shall be vacated at the expira- 
tion of the second year ; of the second class, at the expi- 
ration of the fourth year ; and of the third class, at the 
expiration of the sixth year; so that one-third may be 
chosen every second year : and if vacancies happen, by 
resignation or otherwise, during the recess of the Legis- 
lature of any State, the executive thereof may make tem- 
pory appointments until the next meeting of the Legisla- 
ture, which shall then fill such vacancies. 

3. No person shall be a Senator who shall not have 
attained to the age of thirty years, and been nine years a 
citizen of the United States, and who shall not, when 
elected, be an inhabitant of that State for which he shall 
be chosen. 

4. The Vice-President of the United States shall be 
President of the Senate, but shall have no vote unless 
they be equally divided. 

5. The Senate shall choose their other officers, and 
also a President pro tempore in the absence of the Vice- 
President, or when he shall exercise the office of Presi- 
dent of the United States. 

6. The Senate shall have the sole power to try all 
impeachments. When sitting for that purpose, they 
shall be on oath or affirmation. When the President of 
the United States is tried, the Chief Justice shall pre- 
side ; and no person shall be convicted without the con 
currence of two-thirds of the members present. 

7. Judgment in cases of impeachment shall not ex- 



58 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 



14 



15 



16 



17 



18 



19 



20 



tend further than to removal from office, and disqualifica- 
tion to hold and enjoy any office of honor, trust, or profit, 
under the United States ; but the party convicted shall 
nevertheless be liable and subject to indictment, trial, 
judgment, and punishment, according to law. 

SECTION 4. 

1. The times, places, and manner of holding elections 
for Senators and Representatives shall be prescribed in 
each State by the Legislature thereof ; but the Congress 
may at any time, by law, make or alter such regulations, 
except as to the places of choosing Senators. 

2. The Congress shall assemble at least once in every 
year ; and such meeting shall be on the first Monday in 
December, unless they shall by law appoint a different day. 

SECTION 5. 

1. Each House shall be the judge of the elections, re- 
turns, and qualifications of its own members ; and a ma- 
jority of each shall constitute a quorum to do business, 
but a smaller number may adjourn from day to day, and 
may be authorized to compel the attendance of absent 
members, in such manner and under such penalties as 
each House may provide. 

2. Each House may determine the rules of its pro- 
ceedings, punish its members for disorderly behavior, 
and, with the concurrence of two-thirds, expel a member. 

3. Each House shall keep a journal of its proceed- 
ings, and from time to time publish the same, excepting 
such parts as may, in their judgment, require secrecy; 
and the yeas and nays of the members of either House 
on any question shall, at the desire of one-fifth of those 
present, be entered on the journal. 

4. Neither House, during the session of Congress, 
shall, without the consent of the other, adjourn for more 
than three days, nor to any other place than that in which 
the two Houses shall be sitting. 



Part I.] CONSTITUTION. 59 



21 



22 



23 



24 



SECTION C. 

1. The Senators and Representatives shall receive a 
compensation for their services, to be ascertained by law, 
and paid out of the treasury of the United States. They 
shall, in all cases except treason, felony, and breach of 
the peace, be privileged from arrest during their attend- 
ance at the session of their respective Houses, and in 
going to and returning from the same ; and for any speech 
or debate in either House, they shall not be questioned in 
any other place. 

2. No Senator or Representative shall, during the 
time for which he was elected, be appointed to any civil 
office under the authority of the United States which 
shall have been created, or the emoluments whereof shall 
have been increased, during such time ; and no person 
holding any office under the United States shall be a 
member of either House durins; his continuance in office. 

SECTION 7. 

1. All bills for raising revenue shall originate in the 
House of Representatives; but the Senate may propose 
or concur with amendments, as on other bills. 

2. Every bill which shall have passed the House of 
Representatives and the Senate, shall, before it become 
a law, be presented to the President of the United 
States : if he approve, he shall sign it ; but, if not, he shall 
return it, with his objections, to that House in which it 
shall have originated, who shall enter the objections at 
large on their journal, and proceed to reconsider it. If, 
after such reconsideration, two-thirds of that House shall 
agree to pass the bill, it shall be sent, together with the 
objections, to the other House, by which it shall like- 
wise be reconsidered ; and, if approved by two-thirds of 
that House, it shall become a law. But, in all such cases, 
the votes ' of both Houses shall be determined by yeas 
and nays ; and the names of the persons voting for and 



60 ANALYSIS OF CIVIL GOVERNMENT. [Pabt I. 

against the bill shall be entered on the journal of each 
House respectively. If any bill shall not be returned by 
the President within ten days (Sundays excepted) after 
it shall have been presented to him, the same shall be a 
law in like manner as if he had signed it, unless the 
Congress, by their adjournment, prevent its return ; in 
which case it shall not be a law. 

3. Every order, resolution, or vote, to which the con- 
currence of the Senate and House of Representatives 
may be necessary (except on a question of adjourn- 
ment), shall be presented to the President of the United 
States, and, before the same shall take effect, shall be 
approved by him, or, being disapproved by him, shall be 
re-passed by two-thirds of the Senate and House of Rep- 
resentatives, according to the rules and limitations pre- 
scribed in the case of a bill. 



25 



26 

27 
28 

29 

30 
31 



SECTION 8. 

The Congress shall have power, — 

1. To lay and collect taxes, duties, imposts, and ex- 
cises, to pay the debts, and provide for the common de- 
fense and general welfare, of the United States; but all 
duties, imposts, and excises shall be uniform throughout 
the United States ; 

2. To borrow money on the credit of the United 
States ; 

3. To regulate commerce with foreign nations, and 
among the several States, and with the Indian tribes ; 

4. To establish a uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies, throughout 
the United States ; 

5. To coin money, regulate the value thereof and of 
foreign coin, and fix the standard of weights and meas- 
ures; 

6. To provide for the punishment o'f counterfeiting tho 
securities and current coin of the United States ; 



Part I.] CONSTITUTION. 61 



33 



35 



7. To establish post-offices and post-roads ; 

8. To promote the progress of science and useful arts, 
by securing for limited times, to authors and inventors, 
the exclusive right to their respective writings and dis- 
coveries ; 

Q/j 9. To constitute tribunals inferior to the Supreme 
U-± Court; 

10. To define and punish piracies and felonies com- 
mitted on the high seas, and offenses against the law of 
nations ; 

11. To declare war, grant letters of marque and re- 
Q/i prisal, and make rules concerning captures on land and 
^^ water; 

12. To raise and support armies ; but no appropriation 
of money to that use shall be for a longer term than two 
years ; 

-<{>* 13. To provide and maintain a navy; 

14. To make rules for the government and regulation 
of the land and naval forces ; 

15. To provide for calling forth the militia to execute 
K A the laws of the Union, suppress insurrections, and repel 
■*■ V invasions ; 

16. To provide for organizing, arming, and disciplining 
A H the militia, and for governing such part of them as 

^-"- may be employed in the service of the United States, 
reserving to the States respectively the appointment of 
the officers, and the authority of training the militia ac- 
cording to the discipline prescribed by Congress ; 

17. To exercise exclusive legislation in all cases 

4Q whatsoever over such district (not exceeding ten miles 
"** square) as may, by cession of particular States and the 
acceptance of Congress, become the seat of the Govern- 
ment of the United States ; and to exercise like authority 
over all places purchased, by the consent of the Legislature 



37 
38 
39 



43 



44 



62 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

of the State in which the same shall be, for the erection of 
forts, magazines, arsenals, dock-yards, and other needful 
buildings. And, — 

18. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers, 
and all other powers vested by this Constitution in the 
Government of the United States, or in any department 
or officer thereof. 

SECTION 9. 

1. The migration or importation of such persons as 
any of the States now existing shall think proper to ad- 
mit shall not be prohibited by the Congress prior to the 
year one thousand eight hundred and eight ; but a tax or 
duty may be imposed on such importation, not exceeding 
ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall not 
be suspended, unless when, in cases of rebellion or inva- 
sion, the public safety may require it. 

3. No bill of attainder, or ex-post-facto law, shall be 
passed. 

4. No capitation or other direct tax shall be laid, un- 
less in proportion to the census or enumeration herein- 
before directed to be taken. 

5. No tax or duty shall be laid on articles exported 
from any State. No preference shall be given by any 
regulation of commerce or revenue to the ports of one 
State over those of another; nor shall vessels bound to 
or from one State be obliged to enter, clear, or pay 
duties, in another. 

6. No money shall be drawn from the treasury but in 
consequence of appropriations made by law ; and a regu- 
lar statement and account of the receipts and expenditures 
of all public money shall be published from time to time. 

7. No title of nobility shall be granted by the United 
States ; and no person holding any office of profit o; 
trust under them shall, without the consent of the Con- 



45 
46 

47 



48 

49 
50 



Part L] CONSTITUTION. 63 

gress, accept of any present, emolument, office, or title, 
of any kind whatever, from any king, prince, or foreign 
state. 

SECTION 10. 



51 



52 



53 



54 



1. No State shall enter into any treaty, alliance, or 
confederation ; grant letters of marque and reprisal ; coin 
money ; emit bills of credit ; make any thing but gold and 
silver coin a tender in payment of debts ; rass any bill of 
attainder, cx-post-facto law, or law impairing the obliga- 
tion of contracts ; or grant any title of nobility. 

2. No State shall, without the consent of the Congress, 
lay any imposts or duties on imports or exports, except 
what may be absolutely necessary for executing its in- 
spection laws ; and the net produce of all duties and im- 
posts laid by any State on imports or exports shall be 
for the use of the treasury of the United States, and all 
such laws shall be subject to the revision and control of 
the Congress. No State shall, without the consent 
of Congress, lay any duty of tonnage, keep troops or ships- 
of-war in time of peace, enter into any agreement or 
compact with another State or with a foreign power, or 
engage in war, unless actually invaded, or in such immi- 
nent danger as will not admit of delay. 

ARTICLE II. 
SECTION 1. 

1. The executive power shall be vested in a Presi- 
dent of the United States of America. He shall hold 
his office during the term of four years, and, together 
with the Vice-President chosen for the same term, be 
elected as follows : — 

2. Each State shall appoint, in such manner as the 
Legislature thereof may direct, a number of Electors, 
equal to the whole number of Senators and Representa- 
tives to which the State may be entitled in the Con- 
gress ; but no Senator or Representative, or person hold- 



64 



55 



56 



ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

ing an office of trust or profit under the United States, 
shall be appointed an Elector. 

(Superscdtd by the 12th Article of Amendments.) 

3. The Electors shall meet in their respective States, and vote 
by ballot for two persons, of whom one, at least, shall not he an 
inhabitant of the same State with themselves. And they shall 
make a list of all the persons voted for, and of the number of 
votes for each ; which list they shall sign and certify, and trans- 
mit scaled to the seat of the Government of the United States, 
directed to the President of the Senate. The President of the 
Senate shall, in the presence of the Senate and House of Repre- 
sentatives, open all the certificates, and the votes shall then be 
counted. The person having the greatest number of votes shall 
be the President, if such number be a majority of the whole 
number of Electors appointed ; and, if there be more than one 
who have such majority and have an equal number of votes, 
then the House of Representatives shall immediately choose, by 
ballot, one of them for President ; and, if no person have a 
majority, then, from the five highest on the list, the said House 
shall in like manner choose the President. But, in choosing the 
President, the votes shall be taken by States, the representation 
from each State having one vote : a quorum for this purpose 
shall consist of a member or members from two-thirds of the 
States, and a majority of all the States shall be necessary to a 
choice. In every case, after the choice of the President, the per- 
son having the greatest number of votes of the Electors shall be 
Vice-President. But, if there should remain two or more who 
have equal votes, the Senate shall choose from them, by ballot, 
the Vice-President. 

4. The Congress may determine the time of choosing 
the Electors, and the day on which they shall give their 
votes ; which day shall be the same throughout the United 
States. 

5. No person, except a natural-born citizen, or a citi- 
zen of the United States at the time of the adoption of 
this Constitution, shall be eligible to the office of Presi- 
dent ; neither shall any person be eligible to that office 
who shall not have attained to the age of thirty-five years, 
and been fourteen years a resident within the United 
States. 



Part I.] CONSTITUTION. 65 



57 



58 



59 



60 



6. In case of the removal of the President from office, 
or of his death, resignation, or inability to discharge the 
powers and duties of the said office, the same shall de- 
volve on the Vice-President ; and the Congress may by 
law provide for the case of removal, death, resignation, 
or inability, both of the President and Vice-President, 
declaring what officer shall then act as President, and 
such officer shall act accordingly until the disability be 
removed, or a President shall be elected. 

7. The President shall, at stated times, receive for 
his services a compensation, which shall neither be in- 
creased nor diminished during the period for which he 
shall have been elected ; and he shall not receive within 
that period any other emolument from the United States, 
or any of them. 

8. Before he enter on the execution of his office, he 
shall take the following oath or affirmation : — 

9. "I do solemnly swear (or affirm) that I will faith- 
fully execute the office of President of the United States ; 
and will, to the best of my ability, preserve, protect, and 
defend the Constitution of the United States." 

SECTION 2. 

1. The President shall be commander-in-chief of the 
army and navy of the United States, and of the militia 
of the several States when called into the actual service 
of the United States : he may require the opinion, in 
writing, of the principal officer in each of the executive 
departments, upon any subject relating to the duties of 
their respective offices ; and he shall have power to grant 
reprieves and pardons for offenses against the United 
States, except in cases of impeachment. * 

2. He shall have power, by and with the advice and 
consent of the Senate, to make treaties, provided two- 
thirds of the Senators present concur ; and he shall nomi- 
nate, and by and with the advice and consent of the 

6 



66 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 



61 



62 



63 



64 



Senate shall appoint, ambassadors, other public ministers, 
and consuls, judges of the Supreme Court, and all other 
officers of the United States whose appointments are not 
herein otherwise provided for, and which shall be estab- 
lished by law : but the Congress may by law vest the ap- 
pointment of such inferior officers as they think proper 
in the President alone, in the courts of law, or in the 
heads of departments. 

3. The President shall have power to fill up all vacan- 
cies that may happen during the recess of the Senate 
by granting commissions, which shall expire at the end of 
their next session. 

SECTION 3. 

1. He shall, from time to time, give to the Congress 
information of the state of the Union, and recommend to 
their consideration such measures as he shall judge neces- 
sary and expedient ; he may, on extraordinary occasions, 
convene both Houses, or either of them, and, in case of 
disagreement between them with respect to the time of 
adjournment, he may adjourn them to such time as he 
shall think proper; he shall receive ambassadors and 
other public ministers ; he shall take care that the laws 
be faithfully executed, and shall commission all the offi- 
cers of the United States. 

SECTION 

1. The President, Vice-President, and all civil officers 
of the United States, shall be removed from office on 
impeachment for, and conviction of, treason, bribery, or 
other high crimes and misdemeanors. 

ARTICLE III. 

SECTION 1. 

1. The judicial power of the United States shall be 
vested in one Supreme Court, and in such inferior courts 
as the Congress may, from time to time, ordain and estab- 



66 



Pakt I.] CONSTITUTION". 67 

Opf lish. The judges, both of the supreme and inferior 
VtJ courts, shall hold their offices during good behavior ; and 
shall, at stated times, receive for their services a com- 
pensation, which shall not be diminished during their 
continuance in office. 

SECTION 2. 

1. The judicial power shall extend to all cases in law 
and equity arising under this Constitution, the laws of 
the United States, and treaties made or which shall bo 
made under their authority ; to all cases affecting am- 
bassadors, other public ministers, and consuls ; to all cases 
of admiralty and maritime jurisdiction ; to controversies 
to which the United States shall be a party; (to contro- 
versies between two or more States,) between a State and 
citizens of another State, between citizens of different 
States, between citizens of the same State claiming lands 
under grants of different States, and between a State, or 
the citizens thereof, and foreign states, citizens, or subjects. 

2. In all cases affecting ambassadors, other public 
ministers, and consuls, and those in which a State shall 
be a party, the Supreme Court shall have original juris- 
diction. In all the other cases before mentioned, the Su- 
preme Court shall have appellate jurisdiction, both as to 
law and fact, with such exceptions and under such regu- 
lations as the Congress shall make. 

o 

3. The trial of all crimes, except in cases of impeach- 
ment, shall be by jury ; and such trial shall be held in the 
State where the said crimes shall have been committed : 
but, when not committed within any State, the trial shall be 
at such place or places as the Congress may by law have 
directed. 

SECTION 3. 

1. Treason against the United States shall consist 
only in levying war against them, or in adhering to their 
enemies, giving them aid and comfort. No person shall 
be convicted of treason, unless on the testimony of two 



67 



68 



69 



68 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 



70 



71 

72 
73 



74 



75 



witnesses to the same overt act, or on confession in open 
court. 

2. The Congress shall have power to declare the pun- 
ishment of treason ; but no attainder of treason shall work 
corruption of blood, or forfeiture, except during the life 
of the person attainted. 

ARTICLE IV. 

SECTION 1. 

1. Full faith and credit shall be given in each State to 
the public acts, records, and judicial proceedings, of every 
other State. And the Congress may, by general laws, 
prescribe the manner in which such acts, records, and 
proceedings shall be proved, and the effect thereof. 

SECTION 2. 

1. The citizens of each State shall be entitled to all 
privileges and immunities of citizens in the several States. 

2. A person charged in any State with treason, fel- 
ony, or other crime, who shall flee from justice and be 
found in another State, shall, on demand of the executive 
authority of the State from which he fled, be delivered 
up, to be removed to the State having jurisdiction of the 
crime. 

3. No person held to service or labor in one State 
under the laws thereof, escaping into another, shall, in 
consequence of any law or regulation therein, be dis- 
charged from such service or labor, but shall be delivered 
up on claim of the party to whom such service or labor 
may be due. 

SECTION 3. 

1. New States may be admitted by the Congress into 
this Union ; but no new State shall be formed or erected 
within the jurisdiction of any other State, nor any State 
be formed by the junction of two or more States, or parts 



Part I.] CONSTITUTION. 69 



76 



77 



78 



79 



of States, without the consent of the legislatures of the 
States concerned, as well as of the Congress. 

2. The Congress shall have power to dispose of and 
make all needful rules and regulations respecting the ter- 
ritory, or other property, belonging to the United States ; 
and nothing in this Constitution shall he so construed as 
to prejudice any claims of the United States or of any 
particular State. 

SECTION 4. 

1. The United States shall guarantee to every State 
in this Union a republican form of government, and shall 
protect each of them against invasion, and, en application 
of the legislature or of the executive (when the legisla- 
ture can not be convened), against domestic violence. 

ARTICLE V. 

1. The Congress, whenever two-thirds of both Houses 
6hall deem it necessary, shall propose amendments to this 
Constitution, or, on the application of the legislatures of 
two-thirds of the several States, shall call a convention 
for proposing amendments, which, in either case, shall be 
valid to all intents and purposes as part of tins Constitu- 
tion, when ratified by the legislatures of three-fourths of 
the several States, or by conventions in three-fourths there- 
of, as the one or the other mode of ratification may be 
proposed by the Congress : provided that no amend- 
ment which may be made prior to the year one thousand 
eight hundred and eight shall in any manner affect the 
first end fourth clauses in the ninth section of the first 
article ; and that no State, without its consent, shall be 
deprived of its equal suffrage in the Senate. 

ARTICLE VI. 

1. All debts contracted, and engagements entered into, 
before the adoption of this Constitution, shall be as valid 



80 



70 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

against the United States, under this Constitution, as un- 
der the Confederation. 

2. This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all trea- 
ties made, or which shall be made, under the authority of 
the United States, shall be the supreme law of the land ; 
and the judges in every State shall be bound thereby, any 
thing in the Constitution or laws of any State to the con- 
trary notwithstanding. 

3. The Senators and Representatives before mentioned, 
and the members of the several State legislatures, and 
all executive and judicial officers both of the United 
States and of the several States, shall be bound by oath 
or affirmation to support this Constitution; but no re- 
ligious test shall ever be required as a qualification to any 
office or public trust under the United States. 



81 



82 



ARTICLE VII. 
1. The ratification of the Conventions of nine States 
shall be sufficient for the establishment of this Constitution 
between the States so ratifying the same. 



83 



84 



AMENDMENTS TO THE CONSTITUTION. 

ARTICLE I. 

Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof; 
or abridging the freedom of speech or of the press ; or 
the right of the people peaceably to assemble, and to pe- 
tition the government for a redress of grievances. 

ARTICLE II. 

A well-regulated militia being necessary to the security 
of a free State, the right of the people to keep and bear 
arms shall not be infringed. 



Part I.] amendments to constitution. 71 



85 
86 



87 



88 



ARTICLE III. 

No soldier shall, in time of peace, be quartered in any 
bouse without the consent of the owner ; nor in time of 
war but in a manner prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches 
and seizures, shall not be violated ; and no warrants shall 
issue but upon probable cause, supported by oath or 
affirmation, and particularly describing the place to be 
searched, and the persons or things to be seized. 

ARTICLE V. 

No person shall be held to answer for a capital or 
otherwise infamous crime, unless on a presentment or in- 
dictment of a grand jury, except in cases arising in the 
land or naval forces, or in the militia, when in actual ser- 
vice, in time of war or public danger ; nor shall any per- 
son be subject, for the same offense, to be twice put in 
jeopardy of life or limb ; nor shall be compelled, in any 
criminal case, to be a witness against himself; nor be de- 
prived of life, liberty, or property, without due process 
of law ; nor shall private property be taken for public use, 
without just compensation. 

ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoy 
the right to a speedy and public trial by an impartial jury 
of the State and district wherein the crime shall have been 
committed, which district shall have been previously as- 
certained by law ; and to be informed of the nature and 
cause of the accusation ; to be confronted with the wit- 
nesses against him ; to have compulsory process for ob- 
taining witnesses in his favor; and to have the assistance 
of counsel for his defense. 



72 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

ARTICLE VII. 

In suits at common law, wliere the value in contro- 
versy shall exceed twenty dollars, the right of trial by 
O Q jury shall be preserved ; and no fact, tried by a jury, shall 
Ou h& otherwise re-examined in any court of the United 
States than according to the rules of the common law. 

ARTICLE VIII. 

QA Excessive bail shall not be required, nor excessive 
^ ^ lines imposed, nor cruel and unusual punishments inflicted. 



91 



ARTICLE IX. 

The enumeration in the Constitution of certain rights 
shall not be construed to deny or disparage others retained 
by the people. 

ARTICLE X. 

The powers not delegated to the United States by the 
QQ Constitution, nor prohibited by it to the States, are re- 
u*J served to the States respectively, or to the people. 

ARTICLE XI. 



93 



The judicial power of the United States shall not be 
construed to extend to any suit in law or equity com- 
menced or prosecuted against one of the United States 
by citizens of another State, or by citizens or subjects of 
any foreign State. 

ARTICLE XII. 

1. The electors shall meet in their respective States, 
and vote by ballot for President and Vice-President, one 
of whom, at least, shall not be an inhabitant of the same 
State with themselves : they shall name in their ballots 
the person voted for as President, and in distinct ballots 
the person voted for as Vice-President ; and they shall 
make distinct lists of all persons voted for as President, 



Part I.] AMENDMENTS TO CONSTITUTION. 73 



94 



95 



96 



and of all persons voted for as Vice-President, and of 
the number of votes for each ; which, lists they shall sign 
and certify, and transmit, sealed, to the seat of the govern- 
ment of the United States, directed to the President of 
the Senate. The President of the Senate shall, in the pres- 
ence of the Senate and House of Representatives, open all 
the certificates, and the votes shall then be counted : the 
person having the greatest number of votes for President 
shall be the President, if such number be a majority of 
the whole number of electors appointed ; and if no per- 
son have such majority, then, from the persons having the 
highest numbers, not exceeding three, on the list of those 
voted for as President, the House of Representatives 
shall choose immediately, by ballot, the President. But, 
in choosing the President, the votes shall be taken by 
States, the representation from each State having one 
vote : a quorum for this purpose shall consist of a mem- 
ber or members from two-thirds of the States, and a ma- 
jority of all the States shall be necessary to a choice. 
And if the House of Representatives shall not choose 
a President, whenever the right of choice shall devolve 
upon them, before the fourth day of March next follow- 
ing, then the Vice-President shall act as President, as in 
the case of the death, or other constitutional disability, of 
the President. 

2. The person having the greatest number of votes 
as Vice-President shall be the Vice-President, if such 
number be a majority of the whole number of electors ap- 
pointed ; and if no person have a majority, then, from the 
two highest numbers on the list, the Senate shall choose 
the Vice-President : a quorum for the purpose shall con- 
sist of two-thirds of the whole number of Senators ; and a 
majority of the whole number shall be necessary to a choice. 

3. But no person constitutionally ineligible to the office 
of President shall be eligible to that of Vice-President of 
the United States. 



74 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 



97 

98 



99 



100 



ARTICLE XIII. 

1. Neither slavery nor involuntary servitude, except as 
a punishment for crime, whereof the party shall have been 
duly convicted, shall exist within the United States, or 
any place subject to then jurisdiction. 

2. Congress shall have power to enforce this article by 
appropriate legislation. 

ARTICLE XIV. 

1. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens 
of the United States and of the State wherein they reside. 
No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the 
United States ; nor shall any State deprive any person of 
life, liberty, or property, without due process of law, nor 
deny to any person within its jurisdiction the equal pro- 
tection of the laws. 

2. Representatives shall bo apportioned among the several 
States according to their respective numbers, counting the 
whole number of persons in each State, excluding Indians 
not taxed. But when the right to vote at any election for 
the choice of electors for President and Vice-President of 
the United States, representatives in Congress, the execu- 
tive and judicial officers of a State, or the members of the 
legislature thereof, is denied to any of the male inhabitants 
of such State, being twenty-one years of age and citizens 
of the United States, or in any way abridged, except for 
participation in rebellion or other crime, the basis of repre- 
sentation therein shall be reduced in the proportion Tshich 
the number of such male citizens shall bear to the whole 
number of male citizens twenty-one years of age in such 
State. 

3. No person shall be a senator or representative in 
Congress, or elector of President and Vice-President, or 
hold any effice, civil or military, under the United States 



Part L] RESOLUTIONS OF CONVENTION. 75 



101 



102 



or under any State, wlio, having previously taken an oath 
as a member of Congress, or as an officer of the United 
States, or as a member of any State legislature, or as an 
executive or judicial officer of any State, to support the 
Constitution of the United States, shall have engaged in 
insurrection or rebellion against the same, or given aid or 
comfort to the enemies thereof. But Congress may, by a 
vote of two-thirds of each House, remove such disability. 

4. The validity of the public debt of the United States 
authorized by law, including debts incurred for payment 
of pensions and bounties for services in suppressing insur- 
rection and rebellion, shall not be questioned. 

But neither the United States nor any State shall 
assume or pay any debt or obligation incurred in aid of 
insurrection or rebellion against the United States, or any 
claim for the loss or emancipation of any slave ; but all 
such debts, obligations, or claims, shall be held illegal and 
void. 

5. The Congress shall have power to enforce by appro- 
priate legislation the provisions of this article. 



. The following resolutions of the Constitutional Convention, passed 
at the close of its labors, and the letter of its President, together 
with a copy of the proposed Constitution, were transmitted to Con- 
gress : — 

In Convention, Monday, Sept. 17, 1787. 
Present : The States of New Hampshire, Massachusetts, Connecti- 
cut, Mr. Hamilton from New York, New Jersey, Pennsylvania, 
Delaware, Maryland, Virginia, North Carolina, South Carolina, 
and Georgia. 

Resolved, That the preceding Constitution be laid before the 
United States in Congress assembled ; and that it is the opinion of 
this Convention that it should afterwards he submitted to a conven- 



76 ANALYSIS OF CIVIL GOVERNMENT. [Part I 

tion of delegates, chosen in each State by the people thereof, under 
the recommendation of its Legislature, for their assent and ratifica- 
tion ; and that each convention, assenting to and ratifying the same, 
should give notice thereof to the United States in Congress assem- 
bled. 

Resolved, That it is the opinion of this Convention, that, as soon 
as the conventions of nine States shall have ratified this Constitu- 
tion, the United States in Congress assembled should fix a day on 
which electors should be appointed by the States which shall have 
ratified the same, and a day on which the electors should assemble to 
vote for the President, and the time and place for commencing pro- 
ceedings under this Constitution ; that, after such publication, the 
electors should be appointed, and the senators and representatives 
elected ; that the electors should meet on the day fixed for the elec- 
tion of the President, and should transmit their votes, certified, 
signed, sealed, and directed as the Constitution requires, to the 
Secretary of the United States in Congress assembled ; that the 
senators and representatives should convene at the time and place 
assigned ; that the senators should appoint a President of the Sen- 
ate, for the sole purpose of receiving, opening, and counting the 
votes for President , and that, after he shall be chosen, the Congress, 
together with the President, should, without delay, proceed to exe- 
cute this Constitution. 

By the unanimous order of the Convention. 

GEORGE WASHINGTON, President. " 
William Jackson, Secretary. 

In Convention, Sept. 17, 1787. 

S IR) — W e have now the honor to submit to the consideration of 
the United States in Congress assembled that Constitution which 
has appeared to us the most advisable. 

The friends of our country have long seen and desired that the 
power of making war, peace, and treaties, that of levying money 
and regulating commerce, and the correspondent executive and ju- 
dicial authorities, should be fully and effectually vested in the Gen- 
eral Government of the Union. But the impropriety of delegating 



Part I.] resolutions of convention. 77 

such extensive trust to one body of men is evident : hence results 
the necessity of a different organization. 

It is obviously impracticable, in the Federal Government of these 
States, to secure all rights of independent sovereignty to each, and 
yet provide for the interest and safety of all. Individuals entering 
into society must give up a share of liberty to preserve the rest. 
The magnitude of the sacrifice must depend as well on situation and 
circumstance as on the object to be obtained. It is at all times dif- 
ficult to draw with precision the line between those rights which 
must be surrendered, and those which may be reserved j and, on the 
present occasion, this difficulty was increased by a difference among 
the several States as to their situation, extent, habits, and particular 
interests. 

In all our deliberations on this subject, we kept steadily in our 
view that which appears to us the greatest interest of every true 
American, — the consolidation of our Union, — in which is involved 
our prosperity, felicity, safety, perhaps our national existence. This 
important consideration, seriously and deeply impressed on our 
minds, led each State in the Convention to be less rigid on points of 
inferior magnitude than might have been otherwise expected ; and 
thus the Constitution which we now present is the result of a 
spirit of amity, and of that mutual deference and concession which 
the peculiarity of our political situation rendered indispensable. 

That it will meet the full and entire approbation of every State, 
is not, perhaps, to be expected ; but each will doubtless consider, 
that, had her interest been alone consulted, the consequences might 
have been particularly disagreeable or injurious to others. That it 
is liable to as few exceptions as could reasonably have been ex- 
pected, we hope and believe ; that it may promote the lasting wel- 
fare of that country so dear to us all, and secure her freedom and 
happiness, is our most ardent wish. 

With great respect, we have the honor to be, sir, your Excellen- 
cy's most obedient, humble servants. 

By unanimous order of the Convention. 

GEORGE WASHINGTON, President. 
His Excellency the President of Congress. 



78 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

V. 
ANALYSIS 

OF THE 

CONSTITUTION OF THE UNITED STATES. 

Note. — The figures at the end of* the paragraphs, in the following 
analysis, refer to paragraphs in the Constitution printed in this work 
marked with corresponding figures. 

PREAMBLE. 

We, the people of the United States, 

1. In order to form a more perfect Union, 

2. Establish justice, 

3. Insure domestic tranquillity, 

4. Provide for the common defense, 

5. Promote the general welfare, and 

6. Secure the blessings of liberty to ourselves and our posterity, 

do orda'n and establish this Constitution for the United States 
of America. 1. 

DEPARTMENTS. 

Civil government in the United States is administered through 
three several departments ; viz. , — 
I. The Legislative, 
II. The Executive, and 
III. The Judicial. . 

LEGISLATIVE. 

All legislative powers granted by the Constitution are vested in 
a Congress of the United States, consisting of a Senate and House 
of Representatives. 3. 

CHAPTER I. 

HOUSE OF REPRESENTATIVES. 
ARTICLE I.— PROPORTION. 

1. The number of representatives shall not exceed one for every 
thirty thousand. «5. 



Part I.] ANALYSIS OF CONSTITUTION. 79 

2. Until the first enumeration was made, the States were allowed 
to choose as follows : — 

New Hampshire, 3. Delaware, 1. 

Massachusetts, 8. Maryland, 6. 

Connecticut, 5. Virginia, 10. 

New York, 6. JSTorth Carolina, 5. 

New Jersey, 4. South Carolina, 5. 

Pennsylvania, 8. Georgia, 3. 
Rhode-Island and Providence Plantations, 1. 5. 

ART. II. — HOW APPORTIONED. 

Representatives shall be apportioned among the several States 
according to their respective numbers, which shall include, 

1. The whole number of free persons ; 

2. Those bound to service for a term of years ; 

3. Indians who are taxed ; and 

4. Three-fifths of all other persons except Indians who are not 

taxed. 5, (See appendix to Analysis C.) 

ART. III. — ELIGIBILITY. 

1. A representative must have attained to the age of twenty-five 

years. 

2. Must have been seven years a citizen of the United States. 

3. When elected, must be an inhabitant of the State in which 

chosen. 4. 

4. No United- States officer shall be a member of either House of 

Congress. 22, (See appendix to Analysis D.) 

ART. IV. — TERM. 

Members are chosen every second year. 3. 

ART. V. — BY WHOM ELECTED. 

By the people of the several States. 3. 

ART. VI. — ELECTORS. 

The electors in each State shall have the qualifications requisite 
for electors of the most numerous branch of the State legisla- 
ture. 3. 



80 ANALYSIS OF CIVIL GO VEHEMENT. [Part I. 

ART. VII. — VACANCIES. 

When vacancies happen in the representation from any State, the 
executive authority thereof shall issue writs of election to fill such 
vacancies. G. 

ART. VIII. — CENSUS. 

1. How made. — In such manner as Congress shall by law direct. 

2. When made. — 1st. The actual enumeration shall be made 

within three years after the first meeting of Congress. 
2d. It shall be made within every subsequent term of ten 
years. 5. 

ART. IX. — HOUSE POWERS. 

1. To choose their Speaker and other officers. 

2. Sole power of originating impeachments. 7. 

3. Sole power of originating bills for raising revenue. 33. 

4. Co-ordinate with the Senate in general legislation. 3. 

5. When the electors of President and Vice-President of the 

United States fail to elect a President, the House of Repre- 
sentatives shall elect one. 04. 



CHAPTER II. 

UNITED-STATES SENATE. 

ART. I. — HOW COMPOSED. 

Of two senators from each State. 8. 

ART. II. — ELIGIBILITY. 

1. Must have attained to the age of thirty years. 

2. Must have been nine years a citizen of the United States. 

3. When elected, shall be an inhabitant of the State for which 

chosen. 10. 

4. No United-States officer shall be a member of either House of 

Congress. S3. (See appendix to Analysis D.) 

ART. III. — TERM. 

The senatorial term is six years. 8. 



Part L] ANALYSIS OF CONSTITUTION. 81 

ART. IV. — BY WHOM CHOSEN. 

By the legislatures of the several States. 8. 

ART. V. — WHEN CHOSEN. 

One-third the number of senators shall be chosen every second 
year. 0. 

J ART. VI. — HOW CLASSED. 

Immediately after they shall be assembled in consequence of the 
first election, they shall be divided as equally as may be into three 
classes : — 

1. The seats of the senators of the first class shall be vacated at 

the expiration of the second year. 

2. Of the second class, at the expiration of the fourth year. 

3. Of the third class, at the expiration of the sixth year. 9, 

ART. VII. — VACANCIES. 

If vacancies happen by resignation or otherwise during the 
recess of the legislature of any State, 

1. The executive thereof may make temporary appointments until 

the next meeting; of the legislature. 

2. The legislature shall then fill such vacancies. 9. 

ART. VIII. — VOTE. 

Each senator shall have one vote. 8. 

ART. IX. — PRESIDING OFFICER. 

1. The Vice-President of the United States shall be President of 

the Senate. 

2. He shall have no vote unless they be equally divided. 11. 

3. The Senate shall also choose a president pro tempore in the 

absence of the Vice-President, or when he shall exercise the 
office of President of the United States. 12. 

ART. X. — SENATE POWERS. 

1. Legislative. — 1st. Co-ordinate with the House of Representa- 
tives in general legislation. 3. 
2d. May propose or concur with amendments to bills for rais- 
ing revenue. 23. 

6 



82 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

2. Executive. — 1st. To ratify treaties proposed by the President 

of the United States, two-thirds of the senators present 
concurring. 
2d. To confirm the following officers when nominated by the 
President of the United States : — 

1st. Ambassadors, other public ministers, and consuls. 
2d. Judges of the Supreme Court. 
3d. All other officers of the United States whose ap- 
pointments are not otherwise provided for by the Con- 
stitution, and which shall be established by law. 61. 

3. Elective. — 1st. Excepting their president, they shall choose 

their officers, and also a president pro tempore. 11, IS. 
2d. When the electors of President and Vice-President of 
the United States fail to elect a Vice-President, the Senate 
shall elect one. 0«5. 

4. Judicial. — 1st. The Senate has the sole power to try all im- 

peachments, when sitting for that purpose, on oath or 
affirmation. 13. 
2d. The Chief Justice shall preside when the President of 

the United States is tried. 
3d. Without the concurrence of two-thirds of the members 

present, no person shall be convicted. 1 3. 
4th. May render judgment of impeachment no further than, — 
1st. To removal from office ; and, 
2d. Disqualification to hold and enjoy any office of 
honor, trust, or profit under the United States. 
14. 



CHAPTER in. 

PROVISIONS COMMON TO BOTH HOUSES. 

ARTICLE I.— MEMBERSHIP. 

Each house shall be the judge of the elections, returns, and quali- 
fications of its members. 17. 



Part I.] ANALYSIS OF CONSTITUTION. 83 

ART. II. — QUORUM. 

1. A majority of either house is a quorum to do business. 

2. A smaller number may adjourn from day to day. 

3. A smaller number may be authorized to compel the attendance 

of absent members, in such manner and under such penalties 
as each house may provide. \7. 

ART. III. — JOURNAL. 

1. Each house shall keep a journal of its proceedings. 

2. They shall publish the same from time to time, except such parts 

as in their judgment shall require secrecy. XO. 

ART. IV.— YEAS AND NATS. 

At the desire of one-fifth of those present, the yeas and nays of 
the members of either house shall be entered on the journal on any 
question. 10. 

ART. V. — BUSINESS RULES. 

Each house may determine the rules of its proceedings. 18. 

ART. VI. — PENALTIES. 

1. Either house may punish its members for disorderly behavior ; and, 

2. With the concurrence of two-thirds, expel a member. 18. 

ART. VII. — PROHIBITIONS. 

1. Adjournments. 

1st. Neither house during the session of Congress shall, with- 
out the consent of the other, adjourn for more than three 
days; nor, 

2d. To any other place than that in which the two houses shall 
be sitting. SO. 

2. On Members. — No member of either house shall, during the 

time for which he was elected, be appointed to any office 

under the United States, 

1st. Which shall have been created during such time ; nor, 
2d. The emoluments of which have been increased during 
such time. 2£. 



84 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

ART. VIII. — OFFICIAL OATH. 

The senators and representatives shall be bound by oath or affir- 
mation to support the Constitution of the United States. 81 • 

ART. IX. — SALARIES. 

1. The members shall receive a compensation for their services, to 

be ascertained by law ; and, 

2. The same shall be paid from the treasury of the United States. 

21. 

CHAPTER IV. 

POWERS OF CONGRESS. 

ARTICLE I. — FINANCES. 

1. Resources. 

1st. To lay and collect taxes, uniform duties, imposts and 
excises. 26. 

But all direct taxes must be apportioned among the sev- 
eral States according to their respective numbers. 5, 
47. 
2d. To borrow money on the credit of the United States. 27. 
3d. To dispose of the territory of the United States. 
4th. To dispose of other property of the United States. 76. 

2. Disbursements. 

1st. To pay the debts of the United States. 
2d. To provide for the common defense. 
3d. To provide for the general welfare of the United States. 
28. 

ART. II. — COMMERCE. 

To regulate commerce, 

1. With foreign nations ; 

2. Among the States ; 

3. With the Indian tribes. 28. 

ART. III. — COMMERCIAL. 

1. To coin money ; 

2. To regulate the value thereof; 



Part I.] ANALYSIS OJF CONSTITUTION. 85 

3. To regulate the value of foreign coin ; 

4. To fix the standard of weights and measures. SO, 

5. To establish uniform laws on the subject of bankruptcies 

throughout the United States. SO. 

ART. IV.— PENALTIES. 

1. To provide for the punishment of counterfeiting, 

1st. The securities of the United States j 

2d. The current coin of the United States. 31. 

2. To define piracies and felonies committed on the high seas, 

and offenses against the law of nations ; 

3. Also to provide for punishing these crimes. 35. 

4. To declare the punishment of treason. 70. 

ART. V. — POSTAL. 

1. To establish post- offices ; 

2. To establish post-roads. 32. 

ART. VI. — PATENT AND COPY RIGHTS. 

To provide for the progress of science and the useful arts by 
granting for limited times, 

1. To authors, the exclusive right to their respective writings; 

2. To inventors, the exclusive right to their respective dis- 

coveries. 33 • 

ART. YIL — WAR. 

1. To declare war ; 

2. To grant letters of marque and reprisal ; 

3. To make rules concerning captures on land and water. 36. 

4. To raise and support armies. 37. 

5. To provide and maintain a navy. 38. 

6. To make rules for the government and regulation of the land and 

naval forces. 30. 

7. To provide, 1st. For organizing, arming, and disciplining the 

militia ; 
2d. For governing such part of the militia as may be em- 
ployed in the service of the United States. 41. 



86 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

3d. For calling forth the militia, 

1st. To execute the laws of the Union ; 
2d. To suppress insurrections ; 
3d. To repel invasions. 40. 

ART. VIII. — JUDICIARY. 

1. To constitute tribunals inferior to the Supreme Court. 34. 

2. To determine by law where the trials of crimes shall be held 

which are not committed within any State. 68. 

3. May make exceptions and regulations in cases over which the 

Constitution gives the Supreme Court appellate jurisdiction. 
67. 

ART. IX. — NATURALIZATION. 

To establish a uniform rule of naturalization. SO. 

ART. X. — TERRITORY. 

1. Government. — To make all needful rules and regulations respect- 

ing the territory of the United States. 76. 

2. Seat of Government. — To exercise exclusive legislation in all 

cases whatsoever over such district (not exceeding ten miles 
square) as may, by cession of particular States and the ac- 
ceptance of Congress, become the seat of government of the 
United States. 4£. 

3. Public Works. — Also over all places purchased by the consent 

of the legislatures of the States in which the same shall be, 
for the erection, 1st, of forts ; 2d, magazines ; 3d, arsenals ; 
4th, dockyards ; and, 5th, other needful buildings. 4£. 

4. Alienation. — To dispose of the territory of the United States. 

76. 

5. New States. — May admit new States into the Union. 75. 

ART. XI. — STATES. 

1. Elections. — May alter the times, places, and manner of holding 
elections of senators and representatives prescribed in the 
several States, by the legislatures thereof, except as to the 
places of choosing senators. 15. 



Part I.] ANALYSIS OF CONSTITUTION. 87 

2. Electors of President and Vice-President. — May determine, 

1st. The times when the States shall choose their electors of 
President and Vice-President of the United States ; 

2d. Also the day on which the electors shall give their votes, 
which day shall be the same throughout the United States. 
55. 

3. Acts, Records, Judicial Proceedings. — May by general law 

provide the manner in which the acts, records, and judicial 
proceedings of the several States shall be proved, and the 
effect thereof. 71. 

4. Imposts and Duties. — May revise and control any State laws 

in reference to laying any imposts or duties on imports or 
exports. 52, 

ART. XII. — EXECUTIVE VACANCY. 

1. May by law provide for the case of removal, death, resignation, 

or inability, both of the President and Vice-President. 
2- May by law declare what officer shall then act as President, until, 
1st. Such disability be removed ; or, 
2d. A President shall be elected. 57. 

ART. XIII. — APPOINTMENTS. 

May by law vest the appointment of such inferior officers as they 
shall think proper, 

1. In the President alone ; 

2. In the courts of law ; or, 

3. In the heads of departments. 61. 

ART. XIV. — CONSTITUTIONAL AMENDMENTS. 

1. Shall propose amendments to the Constitution whenever two- 

thirds of both houses of Congress shall deem it necessary; or, 

2. On application of the legislatures of two-thirds of the several 

States, Congress shall call a convention for proposing amend- 
ments. 

3. May propose either of two modes of ratifying the proposed amend- 

ments : 



88 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

1st. By State Conventions ; or, 
2d. By the State Legislatures. 78. 

ART. XV. — SLAVERY. 

1. Shall have power to enforce the abolition of slavery by appro- 

priate legislation. 98. 

2. While the foreign slave-trade was lawful (until 1808), Congress 

had the power to impose a tax or duty not exceeding ten dol- 
lars on each slave imported. 44L. 

ART. XVI. — GENERAL LAW-MAKING. 

Shall have power to make all laws which shall be necessary and 
proper for carrying into execution the powers vested by the Con- 
stitution, 

1. In the government of the United States; or, 

2. In any department thereof ; or, 

3. In any officer thereof. 43. 

ART. XVII. — MEETING. 

1. Shall assemble at least once in every year ; which meeting shall 

be on the first Monday in December, unless, 

2. They shall by law appoint a different day. 16. 

CHAPTER V. 

LAW-MAKING. 

ARTICLE I. — PROCEEDINGS. 

A bill may become a law through any one of the three following 
processes : — 

FIRST PROCESS. 

1. The bill shall pass both houses of Congress. 

2. It shall then be presented to the President : 

3. If he approve, he shall sign it. 34. 

SECOND PROCESS. 

1. The bill shall pass both houses of Congress ; 

2. It shall then be presented to the President ; 



Part I.] ANALYSIS OF CONSTITUTION. 89 

3. If he disapprove it, he shall return it, with his objections, to that 

house in which it originated ; 

4. That house shall enter the objections at large on their journal ; 
6. They shall proceed to reconsider it ; and if, after such recon- 
sideration, two-thirds of the house shall agree to pass it, 

6. It shall be sent with the objections to the other house ; 

7. The other house shall reconsider the bill; 

8. If approved by two-thirds of that house, it shall become a law ; 

9. The votes of both houses shall be determined by the yeas and 

nays in all such cases ; 

10. The names of the persons voting for and against the bill shall 

be entered on the journal of each house respectively. 24. 

THIRD PROCESS. 

1. The bill shall pass both houses of Congress. 

2. It shall then be sent to the President. 

3. He neglects to approve and sign it. 

4. He also neglects to return it to the house in which it origi- 

nated. 

5. It becomes a law at the end of ten days (Sundays excepted), 

unless Congress, by adjournment within that time, prevents 
its return. 24. 

ART. II. — ORDERS, RESOLUTIONS, AND VOTES. 

Every order, resolution, or vote, to which the concurrence of the 
Senate and House of Representatives may be necessary (except on 
a question of adjournment), 

1. Shall be presented to the President of the United States. 

2. It shall be approved by him before the same shall take effect; 
or, being disapproved by him, 

3. It shall be passed by the two Houses of Congress, by two- 
thirds of each, according to the rules and limitations pre- 
scribed in case of a bill. 2o. 



90 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

CHAPTER VI. 

PROHIBITIONS ON THE UNITED STATES. 

ARTICLE I. — HABEAS CORPUS. 

The privilege of the writ of habeas corpus shall not be sus- 
pended unless when the public safety may require it, 

1. In cases of rebellion ; 

2. In cases of invasion. 45. 

ART. II. — DIRECT TAXES. 

No capitation or other direct tax shall be laid unless in proportion 
to the census. 5 5 47. 

ART. III. — EXPORT-DUTIES. 

No tax or duties shall be laid on articles exported from any 
State. 48. 

ART. IV.— INTER-STATE COMMERCE. 

1. No preference shall be given, by any regulation of commerce or 

revenue, to the ports of one State over another. 

2. Nor shall vessels bound to or from one State be obliged to 

enter, clear, or pay duties, in another. 48. 

ART. V. — PUBLIC MONEY. 

1. No money shall be drawn from the treasury but in consequence 

of appropriations made by law. 

2. A regular statement and account of the receipts and expenditures 

of all public money shall be published from time to time. 
49. 

3. No appropriation of money to raise and support armies shall be 

for a longer term than two years. S7. 

ART. VI. — NOBILITY. 

No title of nobility shall be granted by the United States. 3>0. 

ART. VII. — PENALTIES. 

1. No bill of attainder shall be passed. 

2. No ex-post-facto law shall be passed. 46. 



Part I.] ANALYSIS OF CONSTITUTION. 91 

3. No attainder of treason shall work, 
1st. Corruption of blood ; nor, 

2d. Forfeiture except during the life of the person attainted. 
70. 

ART. VIII. — FOREIGN SLAVE-TRADE. 

The importation of slaves was not to be prohibited, 

1. By Congress, prior to 1808, 44 $ nor, 

2. By any amendment to the Constitution prior to that time. 

78. 

ART. IX. — REPUDIATION. 

1. Nothing in the Constitution shall be construed so as to prejudice 

any claim, 

1st. Of the United States ; nor, 

2d. Of any particular State. 7G. (See appendix to 
Analysis E.) 

2. All debts, contracts, and engagements, entered into before the 

adoption of the Constitution, shall be as valid against the 
United States under the Constitution as under the Confed- 
eration. 70. 

ART. X. — FREEDOM. 

1. Civil. — 1st. Congress shall make no law abridging, 

1st. The freedom of speech ; nor, 
2d. The freedom of the press ; nor, 
3d. The right of the people peaceably to assemble and 
petition the government for a redress of grievances. 
83. 
2d. The right of the people to keep and bear arms shall 
not be infringed. 84:. 

2. Religious. — 1st. No religious test shall ever be required as a 

qualification to any public office or trust under the United 

States. 81. 
2d. Congress shall make no law, 

1st. Respecting an establishment of religion ; or, 
2d. Prohibiting the free exercise thereof. 83. 



92 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

CHAPTER VII. 

RELATING TO OFFICERS. 

ART. I. — INELIGIBILITY. 

1. United-States Officers. — No person holding any office of trust; 

or profit under the United States shall, 

1st. Be appointed an elector of President and Vice-Presi- 
dent; nor, 

2d. Be a member of either house of Congress during his 
continuance in office. 22. (See appendix to Analy- 
sis D.) 

2. Congressmen. — No senator or representative shall, 

1st. Be appointed an elector of President and Vice-Presi- 
dent, 54 ; nor, 
2d. During the time for which he was elected, be appointed 
to any civil office under the United States, 

1st. Which shall have been created during such time ; nor, 
2d. The emoluments of which have been increased dur- 
ing such time. 22. 

ART. II. — FOREIGN PATRONAGE. 

No person holding any office under the United States shall, with- 
out the consent of Congress, accept of any present, emolument, 
office, or title, of any kind whatever, from any king, prince, or 
foreign State. 50. 

ART. III. — THE PRESIDENT. 

1. The compensation for the services of the President of the United 

States shall neither be increased nor diminished during the 
period for which he shall have been elected. 

2. He shall not receive within that period any other emolument 

from the United States or any State. 58. 

ART. IV. —IMPEACHMENT. 

1. The President, Vice-President, and all civil officers of the 
United States, shall be removed from office on impeachment 



Part I.] ANALYSIS OF CONSTITUTION. 93 

for, and conviction of, treason, bribery, or other high crimes 
or misdemeanors. 64. 

2. Judgment in cases of impeachment shall not extend further 

than, 

1st. To removal from office ; and, 

2d. Disqualification to hold and enjoy any office of honor, 
trust, or profit, under the United States. 

3. The party convicted shall nevertheless be liable and subject to 

indictment, trial, judgment, and punishment, according to law. 
14. 

CHAPTER VIII. 

RIGHTS OF STATES. 

AKTICLE I. — REPRESENTATION. 

1. Each State shall have at least one representative. *>. 

2. No amendment shall be made to the Constitution, depriving 

any State, without its consent, of its equal suffrage in the 
Senate. 78. 

ART. II. — PRIVILEGES OF CITIZENSHIP. 

The citizens in each State shall be entitled to all the privileges 
and immunities of citizens of the several States. 72* (See 
appendix to Analysis A.) 

ART. III.— STATE AMITY. 

Full faith and credit shall be given in each State to the acts, 
records, and judicial proceedings, of every other State. 74. 

ART. IV. — NEW STATES. 

1. No new State shall be formed or erected within the jurisdiction 

of another State. 

2. Nor shall any new State be formed by the junction of two or 

more States, or parts of States, without the consent of the legis- 
latures of the States concerned, as well as the Congress. 7«5. 



94 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

ART. V. — ELECTIONS. 

The times, places, and manner of holding elections of senators and 
representatives shall be prescribed in each State by the legis- 
lature thereof, subject to the revision of Congress, except as to 
the places of choosing senators. 1«5. 

ART. VI. — MILITIA- OFFICERS. 

1. The appointment of the militia-officers is reserved to the States 

respectively. 

2. Also the training of the militia according to the discipline pre- 

scribed by Congress. 41. 

ART. VII.— FEDERAL PROTECTION. 

1. The United States shall guarantee to every State in the Union a 

republican form of government ; 

2. Shall protect them against invasion ; 

3. Also against domestic violence, 

1st. On the application of the legislature of the State ; or, 
2d. On application of the State Executive, when the legisla- 
ture cannot be convened. 7T. 

ART. VIII. — FUGITIVES. 

1. From Justice. — A person charged in any State with treason, 

felony, or other crime, who shall flee from justice, and be 
found in another State, shall, on demand of the executive 
authority of the State from which he fled, be delivered up, 
to be removed to the State having jurisdiction of the crime. 
73. 

2. From Service. — No person held to service or labor in one State 

under the laws thereof, escaping into another, shall, in conse- 
quence of any law or regulation therein, be discharged from 
such service or labor, but shall be delivered up on claim of the 
party to whom such service or labor may be due. 74. (This 
clause has been superseded by the 12th article of Amend- 
ments to the Constitution;) - 



PART I.] ANALYSIS OP CONSTITUTION. 95 

ART. IX. — RESERVATIONS. 

1. The powers not delegated to the United States by the Constitu- 

tion, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people. 9£. 

2. The enumeration in the Constitution of certain rights shall not 

be construed to deny or disparage others retained by the 
people. 91. 

CHAPTER IX. 

STATE SUBORDINATION. 
ARTICLE I. -ORIGIN OF STATE OBLIGATIONS. 

1. Constitution. — The ratification of the conventions of nine 

States was declared to be sufficient for the establishment of the 
Constitution between the States so ratifying the same. 83. 

2. Amendments. — Whenever amendments to the Constitution are 

proposed in accordance with the terms of that instrument, 
they become to all intents and purposes a part of it, 

1st. When ratified by the conventions of three-fourths of 
the several States ; or, 

2d. By the legislatures of three-fourths thereof. 78. 

ART. II. — SUPREMACY OF UNITED-STATES AUTHORITY. 

1. The supreme law of the land shall be, 

1st. The Constitution of the United States ; 
2d. All laws made in pursuance thereof ; 
3d. All treaties made, or which shall be made, under the 
authority of the United States. 

2. The judges in every State shall be bound thereby, notwithstand- 

ing any thing in the constitution or laws of any State to the 
contrary. 80. 

ART. III. — OFFICIAL OATH. 

1. The members of the several State legislatures shall be bound by 
oath or affirmation to support the Constitution of the United 
States. 



96 ANALYSIS OE CIVIL GOVERNMENT. [Part I. 

2. All executive officers of the several States shall be bound in like 

manner ; 

3. Also all judicial officers of the several States. 81. 



CHAPTER X. 

STATE PROHIBITIONS. 

ARTICLE I. — STATE RELATIONS. 

1. No State shall enter into any treaty, alliance, or confederation 

(51), nor, 

2. Into any agreement or compact with another State, or with a 

foreign power, without the consent of Congress. 52. 

ART. II. — COMMERCIAL. 

1. No State shall coin money; nor, 

2. Emit bills of credit ; nor, 

3. Make any thing but gold and silver coin a tender in payment of 

debts; nor, 

4. Pass any law impairing the obligation of contracts. 51. 

ART. III. — WAR. 

1. No State shall grant letters of marque and reprisal (51) ; nor, 

2. Without the consent of Congress, keep troops or ships of war 

in time of peace ; nor, 

3. Engage in war, unless, 

1st. Actually invaded ; or, 

2d. In such imminent danger as will not admit of delay. 52. 

ART. IV. — PENALTIES. 

1. No State shall pass any bill of attainder; nor, 

2. Any ex-post facto law. 51. 

ART. V. — NOBILITY. 

No State shall grant any title of nobility. 51. 



Part I.] ANALYSIS OF CONSTITUTION. 97 

ART. VI. — DUTIES. 

1. No State shall, without the consent of Congress, 

1st. Lay any duty of tonnage ; nor, 

2d. Any imposts or duties on imports or exports, except 
what may be absolutely necessary for executing its inspec- 
tion-laws. 

2. The net produce of all duties and imposts laid by any State on 

imports or exports shall be for the use of the treasury of the 
United States. 52. 

ART VII. — SLAVERY. 

Neither slavery nor involuntary servitude, except as a punishment 
for crime whereof the party shall have been duly convicted, shall 
exist, 

1. Within the limits of the United States; nor, 

2. In any place subject to their jurisdiction. 97* (See ap- 

pendix to Analysis B.) 



CHAPTER XI. 

PERSONAL RIGHTS. 

ARTICLE I. — DOMICILE. 

1. No soldier shall, in time of peace, be quartered in any house 

without the consent of the owner ; nor, 

2. In time of war, but in a manner to be prescribed by law. 85>, 

ART. II. — SECURITY. 

1. The right of the people to be secure in their persons, houses, 

papers, and effects, against unreasonable searches and seizures, 
shall not be violated. 

2. No warrant shall issue but upon probable cause, supported by 

oath or affirmation, 

1st. Particularly describing the place to be searched ; and, 
2d. The person or things to be seized. 86. 



98 ANALYSIS OF CIVIL GOVEMMENT. [Part I. 

ART. III. —JUDICIAL. 

1. No person shall be held to answer for a capital or otherwise infa- 

mous crime, unless on a presentment or indictment of a grand 
jury, except in cases arising, 

1st. In the land or naval forces ; or, 

2d. In the militia when in actual service, in time of war 
or public danger. 

2. No person shall be subject for the same offense to be twice put 

in jeopardy of life and limb. 

3. No person shall be deprived of life, liberty, or property, without 

due process of law. 

4. Private property shall not be taken for public use without just 

compensation. 87. 

ART. IV. — CRIMINAL ACTIONS. 

In all criminal prosecutions, 

1. Accusation. — The accused shall be informed of the nature and 

cause of the accusation. 

2. Trial by Jury. — He shall enjoy the right to a speedy and 

public trial. 

1st. By an impartial jury ; 

2d. The jury shall be of the State and district wherein the 

crime shall have been committed. 
3d. The district shall have been previously ascertained by 

law. 88. 

3. Witnesses. — 1st. No one shall be compelled to be a witness 

against himself. 87. 
2d. He shall have compulsory process for obtaining witnesses 

in his favor. 
3d. He shall be confronted by the witnesses against him. 88. 

4. Counsel. — He shall have the assistance of counsel for his 

defense. 88. 

5. Bail. — Excessive bail shall not be required. 

6. Fines. — Excessive fines shall not be imposed. 

7. Punishments. — Cruel and unusual punishments shall not bo 

inflicted. OO. 



Part I.] ANALYSIS OF CONSTITUTION. 99 

ART. V. — CIVIL ACTIONS. 

In all cases at common law, wherein the value in controversy shall 
exceed twenty dollars, 

1. The right of trial by jury shall be preserved ; 

2. No fact tried by a jury shall be otherwise re-examined, in 

any court of the United States, than according to the 
rules of the common law. 80. 

ART. VI. — TREASON. 

1. Definition. — Treason against the United States shall consist, 

1st. In levying war against them ; or, 

2d. In adhering to their enemies, giving them aid and comfort. 

2. Conviction. — No person shall be convicted of treason, unless, 

1st. On the testimony of two witnesses to the same overt act; or, 
2d. On confession in open court. 60. 

ART. VII.— OFFICIAL IMMUNITIES. 

Freedom. 

1. From Arrest. — Members of Congress shall, in all cases ex- 

cept treason, felony, and breach of the peace, be privi- 
leged from arrest, » 

1st. During their attendance at their respective houses; 
and, 

2d. While going to and returning from the same. 

2. Of Speech. — For any speech or debate in either house, they 

shall not be questioned in any other place. 21. 



CHAPTER XII. 

EXECUTIVE DEPAETMENT. 

ART. I. — IN WHOM VESTED. 

In a President of the United States of America. 53. 

ART. II TERM. 

He shall hold his office during the term of four years. «?3* 



100 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

ART. III. — ELIGIBILITY. 

i. He must have attained to the age of thirty-five years. 

2. Must have resided within the United States fourteen years. 

3. He shall be a natural-born citizen ; or, 

4. A citizen of the United States at the time of the adoption of the 

Constitution. 5d. 

ART. IV. — ELECTION. 

1. Electors. 

1st. Each State shall appoint electors of President and Vice- 
President in such manner as the legislature thereof may 
direct. 

2d. The number of electors shall equal the number of sena- 
tors and representatives to which the State may be entitled 
in Congress, o Jr. 

2. Proceedings of Electors. 

1st. They shall meet in their respective States ; 
2d. They shall vote by ballot for President and Vice-President 
of the United States, at least one of whom shall not be an 
inhabitant of the same State with themselves. 
3d. They shall name in their ballots, 

1st. The person voted for as President ; and, 
2d. The person voted for as Vice-President. 
4th. They shall make distinct lists of all persons voted for, 
1st. As President ; 

2d. As Vice-President, and the number of votes for 
each. 
5th. The electors shall sign and certify the lists. 
6th. They shall transmit the lists sealed to the seat of govern- 
ment of the United States. 
7th. The lists shall be directed to the President of the Sen- 
ate. 94. 

3. Proceedings in Congress. 

1st. The President of the Senate shall open all the certifi- 
cates in the presence of both houses of Congress. 
2d. The votes shall then be counted. 



Part I.] ANALYSIS OF CONSTITUTION. 101 

3d. The person having the greatest number of votes for 
President shall be (declared elected) President if snch num- 
ber be a majority of the whole number of electors appoint- 
ed. 94. 
L Bouse of Representatives. 

1st. If no person have such majority, then the House of 
Representatives shall choose immediately the President. 

2d. He shall be chosen from the persons having the highest 
numbers, not exceeding three, on the list of persons voted 
for as President. 

3d. The election in such case shall be by ballot. 

4th. The vote shall be taken by States. 

5th. The representation from each State shall have one vote. 

6th. A quorum for this purpose shall consist of a member 
or members from two-thirds of the States. 

7th. A majority of all the States shall be necessary to a 
choice. 04. 

ART. V. — OATH OF OFFICE. 

Before he enter on the execution of his office, he shall swear or 
affirm, 

1. That he will faithfully execute the office of President of the 

United States ; and, 

2. That he will, to the best of his ability, preserve, protect, 

and defend the Constitution of the United States. 50. 

ART. VI. — HOW REMOVABLE. 

He shall be removed from office on impeachment for, and convic- 
tion of, treason, bribery, and other high crimes and misdemean- 
ors. 64. 

ART. VII. — SALARY. 

Ha shall receive for his services, at stated times, a compensation 
which shall neither be increased nor diminished during the term 
for which he shall have been elected. 58. 



102 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 



ART. VIII. — POWERS AND DUTIES. 

1. Military. 

1st. He is commander-in-chief of the army and navy of the 

United States. 
2d. Also of the militia of the several States when called into 

the actual service of the United States. ©O. 

2. Civil. 

1st. Departments. — He may require the written opinion 
of the principal officers in each of the executive depart- 
ments, on any subject relating to the duties of their respec- 
tive offices. 
2d. Reprieves and Pardons. — He shall have power to grant 
reprieves and pardons for offenses against the United States, 
except in cases of impeachment. GO, 
3d. Treaties. — He shall have power, by and with the advice 
and consent of the Senate, two-thirds of the members 
present concurring, to make treaties. 61. 
4th. Appointments. — He shall nominate, and, by and with 
the advice and consent of the Senate, appoint, 

1st. Ambassadors, other public ministers, and consuls ; 
2d. Judges of the Supreme Court ; 
3d. All other officers of the United States whose ap- 
pointments are not otherwise provided for in the Con- 
stitution, and which shall be established by law. ©1. 
5th. Vacancies. — He shall have power to fill all vacancies 
that may happen during the recess of the Senate, by grant- 
ing commissions which shall expire at the end of their next 
session. 6S. 
6th. Messages. — 1st. He shall from time to time give Con- 
gress information of the state of the Union ; and, 

2d. Shall recommend to their consideration such meas- 
ures as he shall deem necessary and expedient. CJ3. 
7th. Congress. — 1st. On extraordinary occasions, he may 
convene either or both houses of Congress. 



PART L] ANALYSIS OF CONSTITUTION. 103 

2d. In cases of disagreement between them with respect to 
the time of adjournment, he may adjourn them to such 
time as he shall think proper. 03. 
8th. Reception. — He shall receive ambassadors and other 

public ministers. <SS. 
9th. Executor of the Laws. — He shall take care that the 

laws are faithfully executed. ©3. 
10th. Commissions. — He shall commission all officers of 
the United States. ©3. 



CHAPTER XIII. 

VICE-PRESIDENT. 
ARTICLE I. — ELIGIBILITY. 

No person constitutionally ineligible to the office of President shall 
be eligible to that of Vice-President of the United States. ©C. 

ART. II. — ELECTION. 

1. In Congress. — The person having the greatest number of votes 

for Vice-President shall be the Vice-President if such 
number be a majority of all the electors appointed. 00. 

2. In Senate, — 1st. If no person have a majority as Vice-Presi- 

dent, then, from the two highest numbers on the list of 
persons voted for as such, the Senate shall choose a Vice- 
President. 

2d. A quorum for this purpose shall consist of two-thirds of 
the whole number of senators. 

3d. A majority of the whole number of senators shall be 
necessary to a choice. 05. 

ART. III. — OATH OF OFFICE. 

He shall be bound by oath or affirmation to support the Constitution 
of the United States. 81. 



104 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

ART. IV. — TERM, 

He shall hold his office during the term of four years. 5>3. 

ART. V.— POWERS AND DUTIES. 

1 He shall be President of the Senate, but have no vote unless 
they be equally divided. 11. 

2. In case of the removal of the President from office, or of his 

death, resignation, or inability to discharge the powers and 
duties of said office, the same shall devolve on the Vice-Pres- 
ident. S7. 

3. If the House of Representatives shall not choose a President 

whenever the right of choice shall devolve on them, before the 
fourth day of March next following, the Vice-President shall 
act as President. 94. 



CHAPTER XIV. 

JUDICIAL DEPARTMENT. 

ART I. — WHERE VESTED. 

The judicial power of the United States shall be vested, 

1. In one Supreme Court; and 

2. In such inferior courts as Congress may from time to time 

ordain and establish. ©45. 

ART. II. — JUDGES. 

1. How appointed. —By the President of the United States, by 

and with the advice and consent of the Senate. ©1. 

2. Oath of Office. — The judges shall swear or affirm that they 

will support the Constitution of the United States. 81. 

3. Tenure of Office. — The judges of the Supreme and Inferior 

Courts shall hold their offices during good behavior. <d*l. 

4. How removable. — They shall be removed on impeachment for, 

and conviction of, treason, bribery, and other high crimes and 
misdemeanors. ©4L 



Part I.] ANALYSIS OF CONSTITUTION. 105 

5. Salary. — The judges shall, at stated times, receive for their ser- 
vices a compensation, which shall not be diminished during 
their continuance in office. Gl>. 

ART. III. — JURISDICTION. 

1. Limitation. — The judicial power of the United States shall 

extend to all cases of law and equity arising, 

1st. Under the Constitution of the United States ; 
2d. Under the laws of the United States ; and, 
3d. To treaties made, or which shall be made, under their 
authority. O©. 

2. Original. — The Supreme Court shall have original jurisdiction, 

1st. In all cases affecting ambassadors ; 

2d. Other public ministers and consuls ; 

3d. In controversies between two or more States ; 

4th. Between a State and citizens of another State ; 

5th. Between a State or citizens thereof and foreign states, 

citizens, or subjects. 06, ©7. 
6th. But the judicial power of the United States shall not be 
construed to extend to any suit in law or equity commenced 
or prosecuted, 

1st. Against one of the United States by citizens of 

another State ; or, 
2d. By citizens or subjects of a foreign state. ©3. 

3. Appellate. — The Supreme Court shall have appellate jurisdic- 

tion, both as to law and fact, with such exceptions and under 
such regulations as the Congress shall make, 

1st. In all cases of admiralty and maritime jurisdiction ; 
2d. In controversies in which the United States shall be a 

party ; 
3d. Between citizens of different States ; and, 
4th. Between citizens of the same State claiming lands 
under grants of different States. G@ 5 ©7. 



106 



ANALYSIS OE CIVIL GOVERNMENT. [Part I. 



APPENDIX TO THE ANALYSIS. 

Note. — This work was prepared for the press before Article 14 of tho 
Amendments had become a part of the Constitution of the United States. 
The analysis of that article is, therefore, inserted here. 

A. 

CITIZENSHIP. 

All persons born or naturalized in the United States, and subject 
to the jurisdiction thereof, are citizens of the United States and of 
the State wherein they reside. 00. 

B. 

STATE PROHIBITIONS. 
CITIZENSHIP. 

1. No State shall make or enforce any law which shall abridge the 
privileges or immunities of citizens of the United States ; 

2. Nor shall any State deprive any person of life, liberty, or prop- 
erty, without due process of law; 

3. Nor deny to any person within its jurisdiction the equal pro- 
tection of the laws. 9SK 

C. 

REPRESENTATION. 
1. HOW APPORTIONED. 

Representatives shall be apportioned among the several States 
according to their respective numbers ; counting the whole number 
of persons in each State, excluding Indians not taxed. 100. 

2. HOW APPORTIONMENT REDUCED. 

By a denial of any State to any of its male inhabitants, being 
citizens of the United States, twenty-one years of age, or in any way 



Part L] APPENDIX TO ANALYSIS. 107 

abridging, except for participation in rebellion, or other crime, the 
right to vote at any election, 

1. For the choice of electors for President and Yice-President 

of the United States; 

2. For representatives in Congress; 

3. For State officers, judicial and executive; or, 

4. For members of the State legislature. lOO. 

3. RATIO OF REDUCTION. 

In all such cases, the basis of representation shall be reduced in 
the proportion which the disfranchised male citizens shall bear to the 
whole number of male citizens in such State of the age of twenty- 
one years. 100. 

D. 

INELIGIBILITY TO OFFICE. 

Any person having once taken an oath to support the Constitution 
of the United States, either as, 

1. A member of Congress ; or, 

2. An officer of the United States ; or, 

3. As a member of any State legislature ; or, 

4. As an executive or judicial officer of any State, and having 
engaged in insurrection or rebellion against the United States, or 
given aid or comfort to their enemies, is ineligible thereafter ; as, 

1. A member of either house of Congress ; 

2. Elector of President and Vice-President of the United States ; 
or, 

3. As an officer of any kind, civil or military, 

1st. Under the United States ; or, 

2d. Under any State, unless Congress shall, by vote of two- 
thirds of each house, remove the disability. 101. 

E. 

REPUDIATION. 

1. Forbidden. — The validity of the public debt of the United 
States authorized by law, including debts incurred for pay- 



108 ANALYSIS OF CIVIL GOVERNMENT. [Part I. 

ment of pensions and bounties for services in suppressing 
insurrection and rebellion, shall not be questioned. 
2. Enjoined. — Neither the United States nor any State shall as- 
sume or pay any debt or obligation incurred, 

1st. In aid of insurrection or rebellion against the United 

States; or, 
2d. Any claim for the loss or emancipation of any slave. 
3d. All such debts, obligations, or claims, shall be held 
illegal and void. 10®. 



PAET II. 



ANNOTATIONS ON THE ANALYSIS 



CONSTITUTION OF THE UNITED STATES. 



PKEAMBLE. 

We, the people of the United States, 

1. In order to form a more perfect union / 

2. Establish justice ; 

3. Insure domestic tranquillity ; 

4. Provide for the common defense ; 

5. Promote the general welfare ; and, 

6. Secure the blessings of liberty to ourselves and our pos- 

terity, do ordain and establish this Constitution for 
the United States of America. 1. 

§1. 

1st. The Preamble is an exposition of the objects and purposes of 
the Constitution. Unlike the Articles of Confederation, which were 
an agreement or compact between the States as such, the Constitu- 
tion is a compact of the People. The first line of the former docu- 
ment shows that the bargain is between the States : on the contrary, 
the first line of the Preamble to the Constitution shows that the 
agreement is by the People. 

2d. Observe, the Preamble begins with, " We, the People ; " and 
what they purposed to do was for themselves and their posterity. 

100 



110 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

States can not properly be said to have posterity. The Articles of 
Confederation were never submitted to the people for their approval 
in any such direct manner as the Constitution was. 

3d. The first object expressed in the Preamble is, to form a more 
perfect union; that is, a more perfect union than had existed under 
the Confederation. The government, under the former system, had 
been found by experience to be inadequate to the wants of the 
people. The Union was so imperfect as to be almost unworthy of 
the name. 

4th. Its imperfections as a national government appeared from the 
collision of interests between the States ; their commercial aggres- 
sions upon each other ; the laws of retaliation for real or imaginary 
injuries, which they did not hesitate to pass; the dangers from for- 
eign interference, as well as the actual advantage which had often 
been taken of our weakness, — all of which threatened the dismem- 
berment of the Union under the Confederation. 

They demonstrated the necessity of a more powerful federal gov- 
ernment, and a more perfect union of the people of the United 
States. 

§2. 

1st. A government having no judiciary that commands the respect 
of the people is wanting in one of the essential elements of stability. 
To establish justice was, therefore, the second object to be secured 
by the new Constitution. 

2d. Under the Confederation, there was nothing that could be 
called a national judiciary. The State legislatures were often led to 
pass laws favoring their owri immediate and respective localities, and 
State courts did not hesitate to disregard the decisions of co-ordinate 
tribunals. 

3d. Treaties formed between the Confederacy and foreign nations 
were recklessly disregarded by the State legislatures as well as by 
the State courts. In several instances, this open disregard of the 
plighted faith of the nation threatened to involve the whole country 
in war. 

4th. Laws were passed by the State legislatures, in many instan- 
ces, in open defiance of the sacredness of" private contracts between 



PART II.] NOTES ON PREAMBLE. Ill 

man and man. Remedies for the recovery of debts were suspended. 
Debtors were authorized to tender any sort of property, even though 
nearly worthless, in payment of debts that had been contracted to be 
paid in money. 

5th. Insolvent laws were enacted by some of the States, the effect 
of which, when applied to the relations of debtor and creditor, prac- 
tically amounted to a complete discharge of indebtedness without 
consideration. 

6th. Laws were also passed making the most unjust and invidious 
distinctions in favor of the citizens of the States enacting them, and 
against foreigners and citizens of neighboring States. In fact, the 
American judiciary became a matter of contempt at home, and of 
burlesque abroad. 

7th. There were other evils that called loudly for remedy. 

Some related to the welfare of our foreign commerce ; 

Some to the conflict of interests between citizens of different 
States ; 

Some to the relief of foreigners who had given credit to our citi- 
zens; 

Others related to territorial disputes between different States ; 
and still others, 

To titles of lands under grants from different States. 

So loose and reckless had the legislative and judicial administra- 
tion of affairs become, that it was conceded by all parties, that, un- 
less some effectual remedy were applied, our political institutions 
must crumble into ruins. To establish justice, therefore, was a lead- 
ing purpose of the authors of the Constitution. 

§3. 

1st. To insure domestic tranquillity was another of the expressed 
objects of the new Constitution. Domestic contentions, as may be 
inferred from what has already been said, were the order of the 
day. 

2d. Whatever foreign influence, State jealousies, commercial 
rivalries, legislative retaliations, disputes about boundaries and State 
jurisdictions, and perpetual failure to administer justice through an 



112 ANALYSIS OF CIVIL GOVEKNMENT. [Part II. 

imbecile judiciary, could accomplish, to foster domestic discord, had 
been done from the close of the Revolution to the adoption of the 
Constitution. Hence the whole country was anxious for domestic 
tranquillity. 

§4. 

1st. The common defense was not properly provided for under 
the Confederation. 

A people not prepared for war, and known not to be, will con- 
stantly be liable to aggressions from neighboring nations. On the 
contrary, a nation known to be prepared will be quite unlikely to 
be attacked. A weak nation is never formidable, and will never 
command the respect of its neighbors. 

2d. Congress, under the Confederation, as we have seen, could 
recommend, but could not enforce, measures for the common defense. 
They could not even declare war, nor exercise any of the war-pow- 
ers, without the concurrence of nine of the thirteen States ; nor, even 
when they had declared war under these restrictions, should they do 
so, could they force into service a single soldier. Sound statesman- 
ship demanded, therefore, that something should be done to provide 
more effectually for the common defense. By reference to the war- 
power in the Constitution, it will be seen that this provision has 
been made. 

§5. 

1st. The duty to promote the general welfare of its citizens 
inherently belongs to every national sovereignty. It is indeed, or 
should be, the primary purpose of every government. The indi- 
vidual States of America had not the means, nor have they now, 
to secure this desirable object. It requires larger resources than 
belong to a single State. 

2d. Stretching over such a vast extent of territory as the States 
of this Union occupied during the last century, and more especially 
as they are sure to occupy before the close of the present, isolation 
of State interests is out of the question. What concerns one State, 
in a greater or less degree, must concern all. There is not a State 
in this Union which has not an interest in the harbors of New York 
and New Orleans. 



Part II.] NOTES ON PREAMBLE. 113 

From our geographical peculiarities and relations, it would be 
impossible to guard the interests of commerce, agriculture, and 
manufactures, without the agency of a more plenary power than 
belongs to a single State. 

3d. This clause, "the general welfare," doubtless refers more 
especially to the affairs of commerce ; and this is an interest that 
pervades all other interests of a great, growing, free, and industrious 
people. The clause means more than this, however. It is general 
in its character, inserted not only in the preamble, but in the Con- 
stitution itself, in the enumeration of the powers of Congress. In 
fact, the whole Constitution is directed to this end. 

4th. From the poverty of language, it would be impossible to 
specify, within any convenient limits, all the powers which a govern- 
ment like that of the United States might at some time find it 
necessary to exercise, and under some possible emergencies. 

And although fears may be indulged in some quarters, that, 
under a clause of such broad signification, some of the departments, 
especially the legislative, and perhaps the executive, may overreach 
and go beyond their prerogatives, yet the ballot is the remedy in 
the one case, and impeachment in the other. 

§6. 

1st. " To secure the blessings of liberty to ourselves and our pos- 
terity " is the closing language of the preamble. It is an appropri- 
ate climax. It briefly expresses the whole purpose of human 
government. 

" Give me liberty, or give me death ! " exclaimed the immortal 
orator of the Revolution. Without political and religious liberty, 
life itself would become valueless, and existence a burden ; with it, 
we may have all that is valuable in earthly institutions. For, if a 
nation enjoys liberty, its citizens have the means of enjoying every 
other blessing adapted to human existence. 

2d. But the patriotic authors of the Constitution were not con- 
tent with this sacred boon for themselves merely : they were earnest 
to perpetuate this inestimable blessing to the remotest posterity. 

There was a sublime disinterestedness in the arduous and hazard- 



114 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

ous labors of our fathers, which ought to inspire the profoundest 
gratitude of their descendants to the latest ages. May the fabric of 
constitutional liberty, reared by their wisdom, never be demolished 
until the last sun shall set on the last eve of time ! 



DEPARTMENTS. 

Civil government in the United States is administered through 
three several departments ; viz. : — 

( i. Legislative ; 
Civil Government. < n. Executive; 
( in. Judicial. 

I. — LEGISLATIVE DEPARTMENT. 

All legislative power granted by the Constitution is vested 
in a Congress of the United gtates, consisting of a Senate 
and House of Representatives. 2. 

Senate 
Congress. -<j and 

House of Representatives. 



CHAPTER I. 

HOUSE OF REPRESENTATIVES. 
ARTICLE I. — PROPORTION. 

1. The number of representatives shall not exceed one for 

every thirty thousand. 5. 

2. Until the first enumeration was made, the States were 

allowed to choose as follows : — 
New Hampshire, 3. Delaware, 1. 

Massachusetts, 6. Maryland, 6. 

Connecticut, 5. Virginia,, 10. 

New Yorh, 6. North Carolina, 5. 

New Jersey \ 4. South Carolina, 5. 

Pennsylvania, 8. Georgia, 3. 

Rhode-Island and Providence Plantations, 1. 5» 



Part II.] HOUSE OF REPRESENTATIVES. 115 

' § 1. At the time of the formation of the Constitution, no census 
having been taken, there was no accurate information in possession 
of the members of the Convention in regard to the population of 
the several States respectively. There was considerable variety of 
opinion on the subject ; and, in fixing the proportion of representa- 
tion in the House of Representatives, entire satisfaction was not 
secured. 

§ 2. It was settled, however, without much difficulty, that, when- 
ever the population should be accurately ascertained, the number of 
representatives should not exceed one for every thirty thousand 
inhabitants. It was believed that this proportion would give about 
sixty-five members in all, — the number of which the House was to 
be constituted until the census could be taken. 

§ 3. Fifty-six was proposed at first as the most convenient num- 
ber ; but, in undertaking to assign to each State its equitable pro- 
portion of this number, the members of the Convention could not 
agree. Then it was proposed that the number be extended to sixty- 
iive ; when Mr. Madison proposed that this number should be 
doubled. But finally the Convention adopted sixty-five, believing 
that this would give one member for about thirty thousand. 

§ 4. The following table shows the ratio of representation in the 
House of Representatives through the several decades, from 1790 to 
1860 inclusive : — 

' 1790-1800, ratio 33,000, number of members 106. 

1800-1810, " 33,000, " " 142. 

1810-1820, " 35,000, " " 182. 

1820-1830, " 40,000, " " 213. 

1830-1840, " 47,000, " " 240. 

1840-1850, ■■ 70,680, " " 233. 

1850-1860, " 93,420, " " 234. 

1860-1870, "127,316, " " 242. 

§ 5. The number of members in each case is fixed by law of Con- 
gress, to take effect at the beginning of the following decade. But 
the law refers only to the aggregate number allowed to the States in 
the Union at the time of the passage of the law, and to their respec- 
tive proportions of that aggregate. Of course the aggregate num- 



il6 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

ber is increased by the admission of new States, as each State is 
entitled to at least one member. 

§ 6. In the decade beginning with 1860, it will be observed, the 
number of msmbers was fixed at 242. But, in 1861, many seats 
were vacated on account of the great Rebellion which broke out in the 
early part of that year. All the representatives from those States 
that passed ordinances of secession resigned their seats ; and, even 
now (July, 1868), but few of the seats vacated at that time have 
been filled. 

§ 7. For various reasons, the Thirty-ninth Congress refused to 
admit the representatives from those States ; and the Fortieth Con- 
gress has thus far taken the same view of the subject. 

On account of these vacancies, the Thirty-ninth Congress, at its 
second session, numbered but 192 members. 

Each organized Territory is allowed one representative, who may 
participate in the discussions of the house, but is not permitted to 
vote. But this is not a constitutional provision: it is by act of Con- 
gress. 

ART. II. — HOW APPORTIONED. 

Representatives shall be apportioned among the several 
States according to their respectivenumbers, which shall include, 

1. The whole number of free persons ; 

2. Those bound to service for a term of years ; 

3. Indians who are taxed; and, 

4. Three-fifths of all other persons, except 

Indians who are not taxed. 5, 

§ 1. One of the most perplexing of all the questions that came 
before the Constitutional Convention was that which related to the 
apportionment of members of the House of Representatives among 
the several States. So great a change was proposed in regard to 
the com position of the legislative branch from that which had 
existed under the Confederation, that this matter of apportionment 
became a very difficult question to settle. 

§ 2. In the first place, under the Confederation, there was but 
one house of Congress. In that house, the States, large and small, 
had equal representation, and were equal in political influence and 



Part II.] HOUSE OF BEPBESENTATIVES. 117 

power. The smaller States, as might reasonably bo presumed, were 
reluctant to surrender that advantage. 

§ 3. In the second place, it was now proposed to have two houses 
of Congress, in one branch of which the smaller States insisted on 
equality of representation. This was opposed by the larger States, 
as it was claimed that political power should depend on population, 
or population and property. 

§ 4. Here was a direct conflict of interests. The smaller States 
recognized this proposition as a blow aimed at their State sovereignty, 
and one which, if successful, would be humiliating to their State 
pride : it would greatly diminish their power in the national councils. 

§ 5. A considerable number of the States were in favor of making 
wealth, or wealth and population combined, the basis of represen- 
tation. The Southern States, at that time, were richer than the 
Northern ; and this question was one of sectional interest. 

§ 6. The smaller States at length yielded the point, consenting that 
population might be accepted as the basis of representation in the 
House. The larger States consented to equality of suffrage in the 
Senate. But now the question was, Who shall be included, and who 
excluded, in the representative population ? Shall all persons be 
counted? or shall certain classes be omitted ? On this vexed question, 
there was probably more asperity of feeling demonstrated than on 
any other that came before the Convention. 

§ 7. The question finally narrowed down to this : Shall the 
slaves be counted the same as free white inhabitants ? The States 
having the most slaves said " Yes; " those having but few said "ifo." 
All the States except Massachusetts at that time held slaves. "But 
the Northern and Eastern States held but few comparatively; and it 
was apparent that even these few were rapidly diminishing in num- 
bers. 

§ 8. If slaves were to be counted as free persons, this would give 
the Southern States a great advantage. The South insisted that 
they should be included in the representative basis ; the North, that 
they should not. Here was a direct conflict of opinion, based on 
conflict of interest. It became evident, that unless concessions were 
made from some quarter, or all quarters, the labors of the Conven- 
tion were at an end. 



118 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

§ 9. It should be remarked here, also, that the foreign slave-trade 
became a prominent element in the discussion. The idea of count- 
ing negroes imported from Africa, as soon as they were landed on 
our shores, as so many white men would count, when they were 
merely property, and in no manner contributed to the intelligence 
of the population, and of allowing that count to increase the num- 
ber of Southern representatives in the House, to the minds of many 
of ths great men in that Convention was offensive in the extreme. 

§ 10. It was substantially saying to any State, North or South 
(for North and South were alike involved in the traffic), " The more 
negroes you will import, the more members you may have in the 
national council ; and the more you will increase the slave popula- 
tion, the greater shall be your political power and influence." 

§ 11. On the other hand, those States in which the slaves were 
most numerous, and were likely to go on increasing, contended, that 
although there was a sense in which the slaves were property, yet 
they were something more : they were human beings, brought within 
the pale of civilized society, and ought to be counted with the repre- 
sentative population. 

§ 12. It will bo seen, that, if the basis of representation were 
fixed at one member for every thirty thousand inhabitants, a State 
having sixty thousand slaves would be entitled to two members on 
account of this slave population. Thus slavery would and should, 
the South contended, become an element of political power. 

§ 13. As with many other questions in that Convention, this was 
finally settled by compromise, and on the following terms : — 

1st. Five slaves were to be counted as three persons. 

2d. The slaves were to be counted on the same basis for purposes 
of direct taxation for the support of the General Government; and 
direct taxation was to be imposed in proportion to the representative 
population. 

3d. The Northern States consented to a clause in the Constitution 
prohibiting legislative interference with the foreign slave-trade prior 
to 1808. 

4th. The Southern States consented to the imposition of a tax or 
duty on imported slaves, not exceeding ten dollars for each person. 



Part II.] HOUSE OF REPRESENTATIVES. 119 

The clause " three-fifths of all other persons," at the head of this 
article, refers to slaves. 

§ 14. At that day it was generally supposed, that counting three- 
fifths of the slaves for purposes of direct taxation would be a mat- 
ter of considerable advantage to the Northern States ; for it was not 
then presumed that the expenses for the support of government 
would be chiefly paid through the custom-house revenue, as after- 
wards proved to be. the case. 

§ 15. But the advantage proved to be nearly all on the side of the 
Southern States : for, in the first pkce, only three-fifths of their 
slave population were to be counted for purposes of direct taxation ; 
while all the Northern population was to be reckoned for this object, 
except the very few slaves held there. 

In the second place (and this was a matter which the Convention 
did not foresee), direct taxation has never been a matter of much 
importance imtil since the abolition of slavery. The only instances 
of this kind of taxation were in 1798, 1813, and 1815. 

(The subject of taxation will be further noticed in another place.) 

§ 16. By a recent amendment to the Constitution (Art. XIII. 
of Amendments), slavery has been abolished. How the negro 
population will be counted among the representative population here- 
after, remains to be determined. There is a proposed amendment 
before the country, which, if adopted, will require that they be 
excluded from the count altogether, unless they shall be enfran- 
chised. (See appendix to Analysis C.) 

§ 17. It will be observed that the Constitution nowhere mentions 
the word slave or slavery. Whenever it is necessary to allude 
to that class of persons, a definition is adopted instead of the 
word itself, except in the Thirteenth Article of Amendments before 
alluded to. This was studiously intended by the authors of that 
instrument, feeling that it would be a stain on their work. 

ART. III. — ELIGIBILITY. 

1. A representative must have attained to the age of twenty- 

Jive years. 

2. Must have been seven years a citizen of the United States. 



120 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

3. When elected, must be an inhabitant of the State in which 

chosen. 4. 

4. JSFo United- States officer shall be a member of either house 

of Congress. 22. (See appendix to Analysis D.) 

§ 1. That a member of the House of Representatives should be at 
least twenty-five years old was adopted in the Convention without 
debate. Few men before that age have had sufficient experience to 
fit them for so important a trust ; and as it seemed necessary to spe- 
cify some age before which a person should be held ineligible to 
this position, perhaps twenty-five may be regarded as the most suit- 
able. 

§ 2. In order to be a representative, it is not necessary that he 
shall be a natural-born citizen. By the Constitution, however, 
he must have been a citizen of the United States seven years. If 
born under another government, he may become a citizen of this 
country by a process called naturalization. By a law of Congress, 
it requires five years' residence before this can be accomplished ; 
which, added to seven years' citizenship, requires twelve years 
actual residence before an alien can become a representative in Con- 
gress. A much longer period than this, however, was strenuously 
insisted on by many of the members of the Convention. 

§ 3. The Constitution requires that the member, when elected, 
shall be an inhabitant of the State in which he is chosen. This is a 
provision so reasonable as to admit of neither debate in the Conven- 
tion, nor of difference of opinion among the people. The inhabi- 
tancy of the State in which chosen is limited to the particular time 
when chosen, not requiring the representative to continue it there. 
He may hold his seat in the House, therefore, even should he change 
his residence to another State during his continuance as a represen- 
tative. 

Nor is it necessary that he shall reside in the particular Congres- 
sional district in which, or by which, he is chosen. 

§ 4. No person holding any office under the United States is 
eligible to a seat in either house of Congress. On this provision, 
there was no difference of opinion among the members of the Con- 
stitutional Convention ; although many were in favor of carrying the 



Part II.] HOUSE OF REPRESENTATIVES. 121 

restriction much further. The Constitution limits the ineligibility to 
the period of continuance in office under the United States. Sev- 
eral of the members were in favor of extending this incompetency to 
hold a federal office for from one to three or four years beyond the 
expiration of the term of service for which a senator or representa- 
tive should be elected. 

§ 5. But their deliberations resulted in prohibiting any officer 
under the General Government from being a member of either house 
of Congress during his continuance in office. This provision 
originated in a deference to State jealousy, and fear that the General 
Government would obtain an undue influence in the national coun- 
cils. If a Federal officer were allowed to be a member of either 
house, he might wield an undue influence over those with whom he 
would be associated in legislative deliberations. 

ART. IV. — TERM. 

Members of the House of Representatives are chosen every 
second year. 3. 

§ 1 . There was much difference of opinion in the Convention as 
to what length of time ought to constitute a representative term. 
One class was in favor of limiting it to one year ; urging that the 
people were, and would continue to be, in favor of frequent elec- 
tions ; that such was the only defense of the people against tyranny ; 
and that this plan, bringing representative and constituency more 
frequently face to face, would be likely to give a stronger sense of 
official responsibility. 

§ 2. Another class urged that a term of three years was prefer- 
able to one ; that instability is one of the great vices of a republic ; 
that time should be given for members to acquire a competent 
knowledge of the various interests of States to which they did not 
belong. It was claimed that one year would be almost consumed 
in preparing for and traveling to and from the seat of national 
business. 

§ 3. It was also urged against the annual plan, that frequency 
of elections tended to make the people regardless of them, and to 
facilitate the success of little cabals. It had been found necessary 



122 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

in some States, where the elections were annual, to force attendance 
and voting by severe regulations. 

§ 4. But, as was usual in the Convention, a compromise of opin- 
ion prevailed ; and it was accepted that members be chosen every 
second year. The representative term always expires in the years 
of odd numbers, as 1867, '69, 71, &c. 

ART. V.— BY WHOM ELECTED. 

By the people of the several States. 3. 

§ 1. It was not easy for the Convention to agree on the question, 
"By whom shall the representatives be elected?" It was urged 
by some members, that the people were incapable of properly exer- 
cising this high and important trust; that they should have as little 
to do as possible about the government ) that they were ignorant, 
and constantly liable to be misled j that great evils would result 
from such an excess of democracy ; and that, while the people were 
not wanting in purity of motive, they were liable to become the 
dupes of pretended patriots. 

§ 2. On the contrary, it was urged that the election of this 
branch of Congress should be by the people ; that the House of 
Representatives was to be the grand depository of the democratic 
principle of the government ; that it was to be our House of Com- 
mons ; that it ought to know and sympathize with every part of 
the community, and ought, therefore, to be taken, not only from 
different parts of the whole republic, but from the various districts 
of the larger States. 

§ 3. It was claimed that this was emphatically the people's own 
government; that, however elevated the situation of the more 
wealthy might be to-day, a few years not only might, but certainly 
would, distribute their posterity throughout the lowest classes of 
society. Every selfish motive, therefore, and every family attach- 
ment, ought to lead the Convention to provide no less carefully for 
the rights and happiness of the lowest than of the highest order of 
citizens. 

§ 4. The members of the Convention who were opposed to an 
elee ion of representatives by the people were in favor of electing 



Part II.] HOUSE OF REPRESENTATIVES. 123 

them by the legislatures of the several States ; maintaining that it 
would be utterly impracticable to elect them by the people. By a 
close vote, however, it was decided to place the election of members 
of the house in the hands of the people of the several States. 

ART. VI. — ELECTORS. 

TJie electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the 
State legislatures. 3. 

§ 1. The word " electors," as used here, is synonymous with vo- 
ters. It was necessary to adopt some rule that would apply to all the 
States in determining or denning the qualifications of voters for 
members of the House of Representatives. On this subject, there 
were three classes of opinions : — 

§ 2. The first class proposed to require the same qualifications 
that were requisite to vote for members of the several State legisla- 
tures. This was objected to on two grounds : — 

1st. That it would thus be left to the States to settle the question 
of qualifications. 

2d. That it would be impracticable in many of the States, as the 
qualifications to vote for a State senator were higher than were 
required to vote for the members of the most numerous branch. 

Another proposition was, that freeholders only should be allowed 
to vote for members of the House of Representatives. This found 
favor with many of the ablest members of that body, but failed. 

§ 3. The test finally adopted was, perhaps, the best among the 
number proposed, or that could be proposed ; which leaves it in the 
hands of the States themselves, with this limitation, that whatever 
test they see fit to adopt as a qualification to vote for the most 
numerous branch of their own legislatures respectively, shall settle 
the question as to whether the elector may vote for a member of the 
House of Representatives. 

§ 4. No State, therefore, has the right to require any higher or 
different qualifications of its citizens, to vote for a member of the 
House of Representatives, than it requires of them to vote for the 
popular branch of its own legislature. 



124 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

§ 5. Members of the House of Representatives are elected in 
the several States by Congressional districts. When it has been 
ascertained how many members each State is entitled to, the legis- 
latures of the several States divide them respectively into as many 
Congressional districts as they are each entitled to members. These 
Congressional districts are numbered, for convenience, 1st, 2d, 3d, 
&c, and are known by their numbers. 

The electors of each district vote for but one candidate, though 
that candidate need not necessarily be a resident of the voter's dis- 
trict. He must, however, as we have seen, be an inhabitant of the 
State in which he shall be chosen. 

§ 6. Several of the States formerly elected their representatives 
by general ticket ; that is, each elector voted for all the members 
to which the State was entitled, or for a number equal to that num- 
ber. Until 1842, there was no act of Congress requiring elections 
of members by Congressional districts ; but, June 25 of that 
year, a law was passed requiring the States to elect by districts, 
and allowing each district to elect but one representative. 

ART. VII. — VACANCIES. 

When vacancies happen in the representation from any 
State, the executive authority thereof shall issue writs of 
election to fill such vacancies. 6. 

§ 1. The writ of election is directed to the Congressional district 
in which the vacancy occurs. The election held in pursuance of 
such writ is called a special election. 

§ 2. The representative elected to fill a vacancy does not serve a 
fall term, but the remainder of the term for which his predecessor 
was elected. Vacancies can happen only by death, resignation, or 
expulsion of the incumbent from his seat in the house. 

ART. VIII. — CENSUS. 

1. How Made. In such manner as Congress shall by law direct. 

2. When Made. 1st. The actual enumeration shall be made 

within three years after the first meeting of Congress. 
2d. It shall be made within every subsequent term 
of ten years. «>• 



Pakt II.] HOUSE OF REPKESENTATIVES. 125 

§ 1. The manner of taking the census is under the control of 
Congress, to be fixed by law. It has been taken eight times since 
the organization of the government; viz., 1790, 1800, 1810, 1820, 
1830,°1840, 1850, and 1860. 

§ 2. By a law of Congress, the Department of the Interior has 
the general supervision of the matter. Under that department, the 
execution of the business is placed more immediately in the care of 
the United-States marshals for the several States, who divide their 
respective districts into sub-districts for greater convenience, each 
sub-district numbering not to exceed twenty thousand inhabitants. 
The marshals appoint assistants, or deputies, for each of these sub- 
divisions. 

§ 3. The duties of these assistants, or deputies, consist in visiting 
personally every dwelling-house and family within the limits of their 
respective jurisdictions, and propounding to some member of the 
family, of suitable age and intelligence, such questions as are required 
by act of Congress. 

§ 4. These questions relate not only to the number of inhabitants, 
but their ages, sex, color, ability to read and write, facts relating to 
agriculture, manufactures, commerce, resources of the country, its 
productions, and, in fact, every thing that may be necessary to give a 
general view of the condition of the United States. 

§ 5. Nor is it left to the discretion of persons questioned, whether 
they will answer these interrogatories. They are compelled to 
answer under a penalty of thirty dollars for each refusal ; and the 
person so refusing can be imprisoned until the penalty is paid ; and 
a new refusal can be followed by a new penalty and imprisonment. 

§ 6. The Constitution requires that the census shall be taken 
once in ten years. By act of Congress, it was taken the first time 
in 1790 ; and it has been taken decenially ever since. In the Con- 
stitutional Convention, the proposition was considered, to take it 
once in twenty years, and once in fifteen ; but once in ten was finally 
adopted. Once in ten years was thought to be sufficiently frequent 
for all practical purposes. It is attended with considerable expense ; 
costing for instance, in 1850, nearly a million and a half of dollars. 

§ 7. The following table shows the aggregate population of the 



126 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

United States, according to the various censuses taken since the 
adoption of the Constitution : — 

1790, 3,929,827. 

1800, 5,305,932. 

1810, 7,239,812. 

1820, 9,638,191. 



1830, 12,854,711. 

1840, 17,068,355. 

1850, 23,263,485. 

1860, 31,443,790. 



ART. IX. — HOUSE-POWERS. 

1. To choose their speaker and other officers. 

2. Sole poioer of originating impeachments. 7, 

3. Sole power of originating bills for raising revenue. SIS. 

4. Co-ordinate with the Senate in general legislation. 3. 

5. When the electors of President and Vice-President of the 

United States fail to elect a President, the House of 
Representatives shall elect one. 94. 
§ 1 . The speaker is chosen from among the members themselves, 
being himself a representative. It is his duty to preside over the 
deliberations of the House, and to keep order. The other officers 
are a clerk, sergeant-at-arms, postmaster, and doorkeeper. These 
officers are not members of the House. 

(List of Speakers of the House, Chap. XV., Art. VDI, Part II.) 

§ 2. The House of Representatives has the sole power of origi- 
nating articles of impeachment. An impeachment is a solemn and 
specific accusation brought against a public officer, drawn out in due 
form, charging him with treason, bribery, or other crimes and misde- 
meanors. It is in the nature of an indictment, being only prima 
facie evidence of guilt, — sufficient, however, to put the accused on 
trial at the bar of the Senate. Although it requires a two-third 
majority of the Senate to convict the accused, it requires only a 
numerical majority to prefer the impeachment by the House. 

§ 3. The following course, substantially, is pursued in preferring 
impeachments : — 

1st. Some member of the House, who believes that charges should 
be made against a public officer, proposes that a committee be appoint- 
ed to inquire into the matter, and to make report of the results of 
their investigations to the House at some future time. Such ccm- 



Part II.] HOUSE OF REPRESENTATIVES. 127 

mittee is generally appointed without opposition; and usually the 
mover will be appointed its chairman, as he is presumed, from the 
fact that he makes the move, to have some knowledge of the case. 

2d. If the committee find, on investigation, that the charges are 
well founded, and are of such a character as to render the party im- 
plicated worthy of impeachment, they so report to the House, specifi- 
cally defining the charges, and recommend that he be impeached. 

3d. The House examines the report, the subject is discussed, and 
a vote taken. If the proposed impeachment is adopted by the 
House, and is not drawn out in due form, the House appoints 
another committee, to whom this part of the. business is submitted, 
who report the impeachment in specific articles. Another vote is 
taken by the House on the impoachment, article by article. 

4th. A committee is now appointed by the House to take the 
whole matter before the Senate, and to represent the House in its 
prosecution. The House has now taken all the steps properly 
belonging to that body in the proceedings. The proceedings of the 
Senate in the case will be noticed in treating of the judicial powers 
of that body. 

§ 4. It seems proper that the House should possess the sole 
power of impeachment, as that body is constituted of the representa- 
tives of the people, who may be presumed to be better acquainted 
with public sentiment in their respective localities than members of 
the Senate. In England, the power of impeachment is vested in 
the House of Commons, the people's branch of the legislative 
department ; and the trial of impeachment belongs to the House of 
Lords, which is analogous to the United-States Senate. 

§ 5. The House of Representatives lias the sole power of originat- 
ing bills for raising revenue. This body, as has been stated, is 
constituted of the more immediate representatives of the people ; 
and, as the people are to pay the taxes if any are imposed, it would 
seem fit and proper that their representatives should be the prime 
movers in any measures that require money to prosecute them. 

§ 6. In the Constitutional Convention, there was considerable op- 
position to this clause of the Constitution. Even Mr. Madison, who 
was ever watchful of the rights of the people, at first objected to it. 



128 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

He and some others thought that the Senate would be a more capa- 
ble body of men, and that it would be bad policy to thus discrimi- 
nate against them. 

One member characterized it as a "degrading discrimination." 
Another said it would take away the responsibility of the Senate, 
the great security for good behavior ; that it would be a dangerous 
source of disputes between the two houses. 

The workings of government in Great Britain were often referred 
to in the Convention. All bills for raising revenue there must ori- 
ginate in the House of Commons, which, as has been stated, is the 
people's branch. 

§ 7. Although the report of the committee in Convention, propos- 
ing that money-bills should originate with the House only, was de- 
clared passed, it did not pass by a majority of the States represented. 
Enough voted against it to defeat the measure, had the States that 
were divided in opinion (and therefore lost their vote) been added 
to their number. But it prevailed, and has thus far worked well. 

§ 8. The House is coordinate with the Senate in general legisla- 
tion. There are special powers peculiar to each house ; and these 
are so clearly denned in the Constitution as to take away all ambi- 
guity. There can be no mistaking the powers of one house for those 
of the other. But in the general, ordinary business of law-making, 
the houses are co-ordinate, with the foregoing exception. 

§ 9. Among the peculiar and exclusive powers of the House of 
Representatives is that of choosing a President of the United States 
in a certain contingency. When the electors of President and Vice- 
President fail to elect a President by a majority of all the electors 
appointed by the people for that purpose, the election of the Presi- 
dent devolves on the House. 

§ 10. This has occurred twice since the adoption of the Constitu- 
tion. Thomas Jefferson was elected the first time (1801) by the 
House of Representatives, on the thirty-sixth ballot. The opposing 
candidate was Aaron Burr. At that time, there were sixteen States 
in the Union. When the house elects a President, it is done by 
States, each State having but one vote. Jefferson received the votes 
of eight ; Burr, six ; and two States were divided. The same result 



Part IT.] THE SENATE. 129 

continued through thirty-five ballotings ; but on the thirty-sixth, as 
above stated, Jefferson was elected. 

This was done under the third clause of Article II. of the Consti- 
tution, which has been superseded by Article XII. of the Amend- 
ments. 

§ 11. The second instance of the election of a President of the 
United States by the House of Representatives occurred in 1825. 
Four candidates were voted for on the electoral ticket, neither of 
whom received a majority of all the votes. These candidates were 
Andrew Jackson of Tennessee, who received ninety-nine votes ; 
John Quincy Adams of Massachusetts, eighty-four; William H. 
Crawford of Georgia, forty-one ; and Henry Clay of Kentucky, 
thirty-seven. No one receiving a majority of the electoral votes, the 
election was thrown into the House ; when John Quincy Adams was 
elected. Mr. Clay's name did not come before the House, as he 
received the smallest number of electoral votes of the four candi- 
dates. For when the election comes into the House, since the 
Twelfth Article of Amendments was adopted, that body must elect 
from the persons having the highest numbers, not exceeding three 
on the list of candidates. 

The election of President will be more critically examined when 
we come to treat of the executive department. 

CHAPTER II. 

UNITED-STATES SENATE. 

ART. I. — HOW COMPOSED. 

The Senate is composed of tico senators from each State. & 
§ 1. The composition of the Senate is the result of compromise 
between the larger and smaller States represented in the Constitu- 
tional Convention. Under the Confederation, it will be remembered, 
the representative power in Congress was the same in all the States ; 
and that body consisted of but one house. The small State of 
Rhode Island had one vote, and the great State of Virginia had no 
more. 

9 



130 



ANALYSIS OF CIVIL GOVERNMENT. [Part II. 



§ 2. The small States were tenacious of this power, and were 
reluctant to allow any encioachment on their sovereignty. It was 
inserted in the credentials of the members of the Constitutional Con- 
vention from Delaware, that they were prohibited from changing 
that article in the Confederation establishing an equality of votes 
among the States. 

§ 3. The large States yielded one point in the controversy, and 
the small States another. The large States consented to equality in 
the Senate, and the small States to representation in the House in 
proportion to population. In the Senate, therefore, there is no dis- 
tinction between the States ; and as every bill, before it can become 
a law, must pass both Houses of Congress, the rights of the smaller 
States are not likely to be compromised in the legislative depart- 
ment. 

ART. II. — ELIGIBILITY. 

1. Must have attained to the age of thirty years. 

2. Must have been nine years a citizen of the United States. 

3. When elected, shall be an inhabitant of the State for 

which chosen. |©. 

4. No United- States officer shall be a member of either house 

of Congress. 2%. (See appendix D.) 

§ 1. No difference of opinion prevailed in the Convention in ref- 
erence to the age named. At thirty, the character of a man has 
usually become denned and established. He may be presumed, at 
this age, to have had sufficient experience to give weight and dignity 
to the public councils, and to have acquired that firmness and inde- 
pendence which will give stability of purpose in the performance of 
his duties. 

§ 2. By reference to the age required for membership of the 
other house, it will be seen that there is a difference of five years ; a 
man being eligible to a seat in that house at twenty-five. It is con- 
sidered, that, at least in some respects, the duties of a senator are 
more responsible than the duties of a member of the House of Rep- 
resentatives. 

1st. There can be but two senators from one State, while the 
number of representatives will depend on the population. The 



Pakt II. ] THE SENATE. 181 

State of New York, for instance, can have but two senators ; but at 
present, 1868, has thirty-one members of the other house. 

2d. The responsible duty of trying all impeachments devolves en 
the Senate ; and from their decision there is no appeal. 

3d. A senator holds for the term of six years ; a representative, 
for but two. If a senator proves incompetent or unfaithful, and 
fails to give satisfaction, six years' term of office will prove burden- 
some to his constituency. On the other hand, the representative 
term is so short, that unfaithfulness or incompetency will cause but 
comparatively little inconvenience before he must meet his constitu- 
ency at the ballot-box. 

4th. On the Senate rests the grave responsibility of deciding on 
the fitness of executive nominations to office. 

5th. In the Senate is vested, jointly with the executive, the pre- 
rogative of treaty-making. 

§ 3. Eligibility to the senatorial office requires a United-States 
citizenship of nine years. This feature was debated in the Conven- 
tion with great spirit and earnestness. Some members were in favor 
of requiring but four years, some seven, some nine, some ten, others 
thirteen, still others fourteen ; and a few preferred that American 
nativity be required. Nearly all seemed averse to admitting stran- 
gers to a seat in the Senate. There were a small number of mem- 
bers, however, in favor of requiring no specified period, but simply 
that the incumbent should be a citizen. 

§ 4. No one can regard the condition a hardship that requires a 
residence and citizenship of sufficient time to enable the party to 
demonstrate his attachment to our institutions, and form of govern- 
ment, and to give evidence of his determination to make our country 
his permanent home. 

§ 5. The laws of Congress require five years' residence before an 
alien can become naturalized, and the Constitution nine years' citi- 
zenship before he can hold the office of United-States senator; 
making fourteen years' residence necessary before he is eligible to a 
seat in that body. 

§ 6. That a senator should be an inhabitant of the State for 
which he is chosen is a condition so reasonable, that it was accepted 



132 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

by the Convention without debate. It was inserted in every pro- 
posed draft of the Constitution; the only alteration "being the striking 
out of the word " resident," and inserting the word " inhabitant." 

§ 7. But it must be observed, that necessity of inhabitancy is 
limited to the time when chosen. A senator chosen for New York, 
for instance, does not vacate his seat in the Senate by changing his 
residence to any other State during the term for which he was 
elected. It might be in the highest degree proper that he should 
resign ; but that is a matter within his own discretion. 

§ 8. A member of Congress must not be encumbered with any 
office under the government of the United States. If he holds any 
such office at the time of his election to Congress, he must resign it 
before he can take his seat. This applies to membership of either 
house. 

§ 9. The senatorial office is not an office under the government 
of the United States within the meaning of the Constitution. This 
was decided by the Senate itself at a very early period (1799), when 
Senator Blount was impeached by the House, and brought before the 
Senate for trial. 

§ 10. The authors of the Constitution considered the duties of 
any office under the United States as incompatible with the faithful 
discharge of the duties of senator or representative. In several 
proposed drafts of the Constitution in the Convention, a clause was 
inserted, rendering a member of either house ineligible to any office 
under the United States for several years after the expiration of his 
legislative term. But it was finally agreed to confine the disability 
to the period of membership, 

ART. III. — TERM. 

The senatorial term is six years. 8. 

§ 1. The senatorial term was another subject of earnest debate in 
the Convention, and on which, at first, there was great difference of 
opinion. The terms of three, four, five, six, seven, and nine years, 
were severally proposed ; and each had its advocates. Several mem- 
bers were in favor of extending the term for life, or during good 
behavior, 



Part II.] THE SENATE. 133 

§ 2. All were in favor of a term sufficiently long to insure to the 
office dignity, stability, and independence. A term of two or three 
years was believed to be quite too short for a fair trial on any meas- 
ure of importance on which there might be an almost equal division 
of opinion. 

§ 3. On the other hand, it was contended that a term of eight or 
ten years, or for life, might lead a senator to forget his home respon- 
sibility. He might be persistent in measures known to be adverse 
to the best interests of the country, merely from pride of opinion, or 
from the more objectionable spirit of obstinacy. Six years was pro- 
bably not the choice of half the members of the Convention ; but 
that term was adopted as a compromise of the extremes. 

ART. IV. — BY WHOM CHOSEN. 

By the legislatures of the several States. 8. 

§ 1. There were several propositions in the Constitutional Con- 
vention on the subject of this article. The first was by Edmund 
Randolph of Virginia, who opened the business of the Convention. 
He presented an outline of what he thought the new Constitution 
should contain. In that outline, it was proposed that the senators 
should be elected by the House of Representatives, on nomination 
by the legislatures of the several States. 

§ 2. A second plan proposed was, that the senators shall be cho- 
sen by the people of the several States, by direct vote, in the same 
manner as the members of the House of Representatives are chosen. 

§ 3. A third plan was, that senators shall be appointed by the 
President of the United States, from nominations made by the legis- 
latures of the several States. 

§ 4. A fourth plan proposed to unite several representative dis- 
tricts into a senatorial district, and let the people elect the senators 
by direct vote. 

§ 5. A fifth plan was, that the people by direct vote elect senato- 
rial electors, and that these electors should elect the senators. 

§ 6. And still another plan was, that United-States senators shall 
be chosen by the legislatures of the several States. This plan pre- 
vailed. The principal reason that led to a decision in favor of this 



134 ANALYSIS OF CIVIL GOVERNMENT. [Part II 

proposition was, that senators represent their respective States in 
their political capacity, and are not regarded as representatives of 
the people. It was the intention of the authors of the Constitution 
that the Senate should be a far more grave, dignified, and aristo- 
cratic body than the House. 

MODE OF ELECTION OF SENATORS. 

Note. — By act of Congress, passed July 26, 1866, relating to 
the election of United-States senators by the State legislatures, it is 
provided, — 

1st. That each House shall, by a vote viva voce of each member 
present, on the second Tuesday after the meeting and organization 
thereof, name a person for senator. 

2d. On the day following, the two houses shall meet in joint 
assembly ; and, if the same person shall have received a majority of 
all the votes cast in each house, he shall be declared duly elected 
senator of the United States. 

3d. If no person has received such majorities, then the joint as- 
sembly shall choose, by a viva voce vote, a person for senator ; and 
the person who shall receive a majority of all the votes of the joint 
assembly, a majority of the members of each house being present, 
shall be declared duly elected. 

4th. If such senator is not elected on the first day, the joint as- 
sembly shall meet, and take at least one vote per day, during the 
entire session of the legislature, or until a senator shall be elected 

5th. In relation to vacancies, the act provides, that, when one 
exists at a meeting of the legislature, the same proceedings shall 
be had on the second Tuesday after their meeting and organization. 

6th. When a vacancy shall happen during the session of the 
legislature, like proceedings shall be had, beginning with the second 
Tuesday after notice of such vacancy shall have been received. 

7th. The Governor of the State shall certify the election of a 
senator to the President of the United States. 

ART. V. — WHEN CHOSEN. 

One-third the number of senators shall be chosen every 
second year. ©. 



Part II.] THE SENATE. 135 

This must necessarily be so, on account of the mode of classifying 
the senators which the Constitution prescribes, and which it directs 
to take place at the first organization of the Senate under the new 
government. Only one-third of the senators being chosen every 
second year, and but one-third retiring every second year, the Senate 
must always be constituted of members, one-third of whom have had 
at least four years of legislative experience, and of another third 
who have had at least two. 

ART. VI. -HOW CLASSED. 

Immediately after they shall be assembled in consequence 
of the first election^ they shall be divided as equally as may 
be into three classes : — 

1. The seats of the senators of the first class shall be vacated 

at the expiration of the second year. 

2. Of the second class, at the expiration of the fourth year. 
o. Of the third class, at the expiration of the sixth year. 9. 

§ 1. There was unanimity of opinion in the Constitutional Con- 
vention on the propriety of rendering the Senate a perpetual body. 
The prerogatives with which it is invested, and the duties required 
of it, render this indispensable ; and it was therefore agreed to with 
but little or no discussion. 

§ 2. The number of senators at first was twenty-six, there being 
thirteen States in the Union, and two senators from each State ; 
though all were not present at the first classification. Were each 
of these senators to serve for six years, their terms would all expire 
at the same time. But the plan was, that one-third should retire 
every second year : hence it was necessary to adopt some method 
by which to determine who should go out at the end of two years, 
who at the end of four, and who at the end of six. 

§ 3. The first proposition before the Convention was, that this 
should be done by lot ; and it was so inserted in the proposed draft 
of the Constitution. But this was erased on motion of Mr. Madi- 
son, so as to leave the Senate at liberty to adopt some method by 
which to prevent the election of two senators at the same time, and 
from the same State, for a full term of six years. 



136 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

§ 4. It should be remarked here, that when a new State is 
admitted into the Union, and it chooses two senators, the legisla- 
ture of the State designates which shall serve for the shorter, and 
which for the longer term. 

At the first session of Congress under the Constitution, the 
division of the senators into three classes was made in the follow- 
ing manner : — 

1st. The senators present were divided into three classes by name ; 
the first consisting of six persons, the second of seven, and the 
third of six. (Two or three senators had not yet reached 
the seat of government ; and it will be remembered that Rhode 
Island and North Carolina had not yet ratified the new 
Constitution.) 
2d. Three papers of an equal size, numbered one, two, and three, 
were, by the secretary, rolled up and put into a box, and 
drawn by a committee of three persons chosen for the purpose in 
behalf of the respective classes in which each of them was placed. 
3d. The classes were to vacate their seats in the Senate according 
to the order of the numbers drawn for them, beginning with 
number one. 
4th. It was also provided, that, when senators should take their 
seats from States which had not then appointed senators, they 
should be placed by lot in the foregoing classes, but in such a 
manner as should keep the classes as nearly equal as possible. 
5th. In arrangjino; the original classes, care was taken that both 
senators from the same State should not be in the same class, 
so that there never should be a vacancy, at the same time, of 
the seats of both senators. 1 

ART. VII. — VACANCIES. 

If vacancies happen by resignation, or otherwise, during 
the recess of the legislature of any State, — 

1. The executive thereof may make temporary appointments 

until the next meeting of the legislature. 

2. The legislature shall then fill such vacancies. 9. 

1 Story on Const., § 726. 



Part II.] THE SENATE, 137 

§ 1. If vacancies happen while the legislature of the State whose 
seats are thus vacated is in session, the legislature will fill the 
vacancies without official action on the part of the governor or 
executive. The governor has no authority in the case while that 
body is in session, — not even to appoint for a single day. 

§ 2. He has no appointing power in anticipation of a vacancy 
soon to occur. He must wait until it actually happens. The 
Senate itself has decided this question. It is also doubtful if the 
legislature could choose a senator in anticipation of a vacancy. 

§ 3. The senator chosen to fill a vacancy does not hold for the 
term of six years, but until the expiration of his predecessor's term 
only. 

ART. VIII. — VOTE. 

Each senator shall have one vote. 8. 

This clause would seem to be superfluous, unless it be remem- 
bered, that, under the Confederation, each State, whatever the num- 
ber of its members in Congress, had but one vote ; and, if less than 
two members were present, it had no vote. The States were each 
allowed from two to seven members ; and, if their delegation was 
equally divided, they lost their vote. One member was incapable 
of voting alone. 

It was the intention of the Constitution to give equality of suffrage 
in the Senate ; with the further advantage, that a senator shall not 
lose his vote, nor his State go entirely unrepresented, on account of 
the absence of one of the members from the senate-chamber. 

ART. IX. — PRESIDING OFFICER. 

1. The Vice-President of the United States shall be Presi- 

dent of the Senate. 

2. He shall have no vote, unless they be equally divided. 11. 

3. The- Senate shall choose a president pro tempore in the ab- 

sence of the Vice-President, or when he shall exercise 
the office of President of the United States, !££• 
§ 1. There was strong opposition in the Constitutional Conven- 
tion to creating any such orifice as the Viee-Presidency ; and, when 
this point was carried, there was considerable opposition to the 



138 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

proposition making the Vice-President the President of the Senate : 
though this ]ast met with less hostility than the first ; only two 
States voting against it. 

§ 2. At first, it was intended to allow the Senate to choose their 
own presiding officer; but afterwards, when the Convention con- 
sidered a second feature of the provision, — which was, that in case 
of the death, removal, or disability of the President of the United 
States, the President of the Senate, as was proposed, was to perform 
the duties of the office thus made vacant, — the Vice-Presidency 
met with more favor. 

§ 3. As presiding officer over the Senate, it was believed that he 
would be more impartial in his decisions than that officer would 
were he a member of their own body. He might, in that case, be 
too much influenced by the interest he would feel in his own State. 
But how his being Vice-President, instead of senator, would deprive 
him of this feeling of State interest, was not shown ; nor was it 
shown why the same objection might not apply as against the Speaker 
of the House of Representatives, who is a member of that body. 

It seems more reasonable that the Constitution places that officer 
over the Senate " for want of something else to do " while there is 
a President of the United States. 

§ 4. The Vice-President has no vote in the Senate unless they 
are equally divided. It is difficult to understand why he should 
have a vote even in such cases, since he is not a member of the 
Senate. A measure that can not be carried affirmatively by a ma- 
jority of the members of a legislative body, especially after thorough 
discussion, it is generally presumed, ought to fail. 

§ 5. The Vice-President's vote, therefore, can never be given but 
to aid the affirmative. When the Senate is equally divided, the 
proposed bill or measure has failed unless the Vice-President comes 
to its rescue. An equal division in the other house defeats any 
proposition in legislative proceedings. 

§ G. The President pro tempore of the Senate is an officer of 
that body, chosen by its members, from among themselves, in the 
absence of the Vice-President, or when he shall exercise the duties 
of the presidential office. 



Pakt II.] THE SENATE. 139 

§ 7. Thiee times in our history, the Vice-President has been 
called to perforin the duties of the President on the death of that 
officer. Gen. Harrison died April 4, 1841, — just one month after 
his inauguration as President of the United States. He was suc- 
ceeded by John Tyler, the Vice-President. Gen. Taylor was 
inaugurated March 5, 1849 ; and died July 9, 1850. He was suc- 
ceeded by Millard Fillmore. Abraham Lincoln died April 15, 
18G5, having been inaugurated the second time, March 4, 1865 ; 
and, on his death, was succeeded by Andrew Johnson. 

§ 8. It is customary, when we have a new Vice-President, for 
that officer to vacate his chair just before the close of the first ses- 
sion of the Senate, after his inauguration, to give them an oppor- 
tunity to elect a president pro tempore. This is done, that, in case 
the Vice-President shall be called to the duties of the President, the 
Senate will not be left without a presiding officer. 

§ 9. The President pro tempore of the Senate is sometimes 
called the Vice-President of the United States. This is often 
done, doubtless, by way of courtesy, but sometimes because he is 
really thought to be in fact such officer. But this is a mistake. 

§ 10. Although, in case of the death, removal, or disability, both 
of the President and Vice-President, the President pro tempore of 
the Senate would exercise the duties of President, he is by no 
means cither Vice-President or President. It does not make him 
Vice-President simply because, in a certain contingency, he may be 
called to perform the duties of President : if so, we have had two, 
if not three, Vice-Presidents most of the time during our history ; 
for the Speaker of the House may become acting President also. 

§ 11. The President pro tempore it is never pretended is Vice- 
President of the United States, unless the Vice-President has died, 
or succeeded to the Presidency ; as in the cases of Tyler, Fillmore, 
and Johnson, before cited. The Vice-President is an officer of the 
United States ; and no officer of the United States, the Constitution 
says, shall be a member of either House of Congress. But the 
President pro tempore of the Senate is a member of the Senate. 

§ 1 2. The President pro tempore of the Senate must vote on the 
call of the yeas and nays the same as any other member : on the 



140 



ANALYSIS OF CIVIL GOVERNMENT. [Part II. 



contrary, the Vice-President never can vote except in cases when 
the Senate is equally divided. 

§ 13. The Vice-President must be at least thirty-five years of 
age, the same as the President ; for the Constitution declares that 
" no person constitutionally ineligible to the office of President 
shall be eligible to that of Vice-President of the United States: " 
but a President pro tempore of the Senate need not be over thirty. 
The Vice-President must be native born, or a citizen of the United 
States at the adoption of the Constitution : the President pro tem- 
pore of the Senate need not be either. Any member of the Senate 
is eligible to the presidency pro tempore of that body. 

§ 14. The Vice-President, in case of the death of the President, 
serves out the entire balance of the term for which the Presi- 
dent and Vice-President were elected : on the contrary, the President 
pro tempore of the Senate, in case he succeeds to the duties of 
President, serves only until a President can be elected, or until the 
disability of the officer whom he has succeeded shall be removed. 

§ 15. The Vice-President can be removed from office by im- 
peachment only. The President pro tempore of the Senate is not 
a United- States officer, and can not, therefore, be impeached. The 
Senate has decided that a member of Congress is not impeachable. 

§ 16. The Constitution recognizes but two modes of electing a 
Vice-President : — 

1st. By electors of President and Vice-President of the United 
States. 

2d. When the electors fail to elect a Vice-President, the Senate 
shall elect one ; but this officer is not the President pro tempore of 
the Senate. 

§ 17. The term of the President pro tempore of the Senate can 
not continue beyond his senatorial term ; as in the case of Senator 
Foster of Connecticut, President pro tempore of the Senate, whose 
term expired March 4, 1867 : but the Vice-Presidency expires at 
the end of the presidential term only. 

§ 18. If the President pro tempore of the Senate is Vice-Presi- 
dent of the United States, there were two Vice-Presidents for some 
forty days after Mr. Foster's election to that position ; for he was 



Part II.] THE SENATE. 141 

elected while Andrew Johnson was yet Vice-President, and before 
President Lincoln's death. 

§ 19. These are regarded as conclusive proofs, drawn chiefly 
from the Constitution itself, that the President pro tempore of the 
Senate is not Vice-President of the United States, even when the 
Vice-President proper has succeeded to the Presidency ; nor does 
the Constitution anywhere intimate that this officer of the Senate is 
to be so regarded. It is only by a law of Congress that he suc- 
ceeds even to the temporary performance of the duties of the Presi- 
dency, in case of the death, removal, or other disability, both of 
the President and Vice-President. 

(List of Presidents of the Senate pro tempore, Cliap. XV., Art. IX., Part II.) 
ART. X. — SENATE-POWERS. 

1. Legislative. 

1st. Co-ordinate with the House of Representatives in 

general legislation. Q Q 
2d. Mag propose or concur icith amendments to bills 

for raising revenue. S3. 

2. Executive. 

1st. To ratifg treaties proposed bg the President of the 
United States, two-thirds of the senators present 
concurring. 
2d. To confirm the following officers when nominated 
bg the President of the United States: — 
1st. Ambassadors, other public ministers, and consuls. 
2d. Judges of the Supreme Court. 
3d. All other officers of the United States whose ap- 
pointments are not otherwise jwovided for bg 
the Constitution, and which shall be estab- 
lished bg law. 61. 

3. Elective. 

1st. Excepting their president, theg shall choose their 
officers, and also a president pro tempore 1I ? t2, 

2d. When the electors of President and Vice-President 
of the United States fail to elect a Vice-Presi- 
dent, the Senate shall choose one. 95. 



142 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

4. Judicial. 

1st. The Senate has the sole power to try all impeachments 

when sitting for that purpose on oath or affirmation. 

2d. The Chief Justice shall preside when the President 

of the United States is tried. 
3d. Without the concurrence of two-thirds of the mem- 
bers present, no person shall be convicted. IS. 
4th. May render judgment no further than, — 
1st. To removal from office; and, 
2d. Disqualification to hold and enjoy any office 
of honor, trust, or profit under the United 
States. 14. 

1.- LEGISLATIVE. 

§ 1. The Constitution makes no general distinction between the 
powers of the two houses in legislation. It vests all legislative 
power in a Congress of the United States, consisting of a Senate 
and House of Representatives. 

§2. But there is one power relating to legislation vested in the 
House exclusively ; and that is the power to originate bills for raising 
revenue. Yet, when these bills reach the Senate, that branch of the 
legislative power may treat them in all respects as though they 
originated there. They can propose amendments, concur with 
amendments, or reject them, if proposed by the House, at any stage 
of the proceedings ; or they can reject the bills altogether. 

§ 3. The Constitution simply requires that this class of legislation 
shall originate with the House ; beyond which, that branch has no 
more legislative authority than the Senate. The reasons for this dis- 
tinction are noticed in treating of the house-powers. 

2. — EXECUTIVE. 

§ 4. In reference to the treaty-making power, particularly as to 
where it should be vested, there were three classes of views ad- 
vanced in the Convention. 

The first proposition was to place it exclusively in the Senate. 

The second, exclusively in the President. 

The third (and this prevailed), to vest it in the hands of tho 
President and Senate. 



Part II.] THE SENATE. 143 

§ 5. When it was finally settled to place this prerogative in the 
hands of the President and Senate, a new question arose, on 
which there was considerable difference of opinion : Shall it require 
a bare numerical majority of the senators present to ratify a treaty 
when proposed by the President ? or shall it require a two-third ma- 
jority? At length, the plan was adopted requiring a two-third 
majority. 

§ 6. There was then a proposition made to modify the treaty- 
making power with regard to treaties of peace. On this subject 
there were four parties. 

One was for giving the whole power over treaties of peace into 
the hands of the President. 

A second was for vesting it in the Senate, but requiring a two- 
third majority. 

A third, for vesting it in the Senate, requiring only a numerical 
majority. 

A fourth was for placing it with the President and the Senate, 
requiring a two-third senatorial majority as in all other cases. 

This last view was adopted. The ratification of any and all 
treaties proposed by the Executive requires the votes of two-thirds 
of all the senators present. 

§ 7. A treaty is an agreement or contract between two or more 
nations, entered into with proper formality and solemnity, defining 
the rights of the respective parties thereto with regard to trade, 
commerce, boundaries, or with reference to the protection of their 
mutual interests against invasion from other powers. 

§ 8. The terms of treaties are usually agreed upon either by com- 
missioners appointed by their respective governments for the specific 
purpose of arranging the details, or by ambassadors or other public 
ministers. 

§ 9. Treaties are discussed by the Senate in secret session. They 
can ratify or reject a treaty, or ratify it in part and reject it in part ; or 
they can make additions to it. Every part of a treaty, to be valid, 
must be ratified by a vote of two-thirds of the senators present. 
When amendments to or alterations of the treaties have been made 
by the Senate, the whole document must be re-submitted to the 



144 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

President, and also to the foreign government with whom negotiations 
are pending. 

§ 10. The President must submit the nominations of certain 
classes of officers to the Senate for their advice and consent. The 
Senate may confirm or reject a nomination made by the President; 
though it is usual, in deference to the Executive, to confirm, unless 
there is a palpable unfitness in the nomination. The Senate's advice 
and consent are to be asked, on the nomination, by the President, of 
ambassadors, other public ministers and consuls, judges of the Supreme 
Court, and all other officers of the United States whose appointments 
are not otherwise provided for in the Constitution, and which shall 
be established by law. 

§ 11. It will be seen, by reference to the powers of Congress, 
that the appointment of such inferior officers as they shall think 
proper may be vested in the President alone, in the courts of law, 
or in the heads of departments. 

§ 12. On the subject of appointments, especially of the judges 
of the Supreme Court, members of the Constitutional Convention 
were divided in opinion. 

One class of opinions was in favor of giving the appointments to 
the Executive alone. 

A second preferred that they should be vested in the Senate 
alone. 

A third proposed that the nomination should be made by the 
Senate, allowing the President a negative, but giving the Senate 
the power to overrule his negative by a two-third majority. 

A fourth was (and this prevailed), to give the nomination to the 
President, and the power of confirmation or rejection by a majority 
to the Senate ; and ambassadors, other public ministers, and consuls, 
were included with the judges of the Supreme Court. 

3. - ELECTIVE. 

§ 13. The Senate has the power to elect its officers, except the 
president thereof, who holds this position by virtue of his being Vice- 
President of the United States. They are required by the Consti- 
tution to choose a president pro tempore also. Deliberative bodies, 



Part II.] THE SENATE. 145 

with few exceptions, elect their own officers ; and this is necessary 
to their independence. Here is one of the exceptions to the general 
rule, however, that the Vice-President is, ex officio, President of the 
Senate. 

§ 14. Besides the president pro tempore, the Senate officers are 
a secretary, who keeps the record or journal, has charge of the 
papers, and reads such as he may be called upon by the members to 
read ; a sergeant-at-arms, who sees that orders of the Senate are exe- 
cuted ; a postmaster, who sees to the mailing and distributing let- 
ters and papers for the members ; and a door-keeper, who has charge 
of the doors. 

§ 15. These officers, except the president pro tempore, are not 
specified in the Constitution, and are not elected from among the 
members of the Senate. 

§ 16. As a last resort, the Senate elects a Vice-President of the 
United States. This is not done, however, until an attempt to elect 
this officer on the part of electors chosen by the people has resulted 
in a failure. An election of a Vice-President by the Senate has 
taken place in the history of our government but once : in 1837, 
Kichard M. Johnson was elected by the Senate. 

4. -JUDICIAL. 

§ 17. The Constitution vests in the Senate the sole power to try 
all impeachments. To this provision there was very earnest opposi- 
tion in the Constitutional Convention. Three different classes of 
views were maintained on this subject : — 

1st. That, as a trial of impeachment is a judicial proceeding, it 
ought to be committed to the Supreme Court, or some other tribunal 
learned in the law. 

2d. Others maintained that it was not wholly judicial ; and therefore 
they preferred to have it submitted to the Supreme Court, united 
with some other tribunal for that purpose appointed. 

3d. Still others (and for this proposition there was a majority) in- 
sisted that the trial of impeachment should be vested exclusively in 
the Senate. 

§ 18. When trying impeachments, the Senate sits as a court; and 

10 



146 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

from their decision there is no appeal. They organize anew, and 
take. a special oath or affirmation applicable to the proceeding. 

§ 19. When the President of the United States is tried, the 
Chief Justice shall preside. This clause was not debated in the Con- 
vention that formed the Constitution ; and therefore the precise rea- 
sons for its insertion are not apparent. It has been suggested by 
able writers, that the Vice-President should not preside on such an 
occasion, because he has a direct interest in the President's convic- 
tion. It has also been maintained by a very learned senator, that, 
when the President shall be on trial for impeachment, he should be 
suspended from office for the time being, and until the result shall be 
declared ; and that this state of things would bring the Vice-Presi- 
dent to the presidential chair. In such case, he could not preside 
over the trial of the President. 

§ 20. Perhaps one or even both of the foregoing reasons may 
have influenced the authors of the Constitution to make this pro- 
vision. There is still another reason that may have had something 
to do with its origin. The President of the United States is the 
highest officer under our government ; and it may have been thought 
in the highest degree proper and befitting, that, if brought to trial on 
impeachment, the highest judicial officer should preside over the 
solemn deliberations of such an august proceeding. 

§ 21. It requires a majority of two-thirds of the members present 
to convict a party on impeachment. This was believed to be neces- 
sary in order to guard against hasty and inconsiderate decisions, and 
to prevent convictions from party zeal and political bias and pre- 
judice. So large a majority, moreover, would be more likely to 
command the respect and peaceable acquiescence of the whole 
country. 

§ 22. The Constitution limits the punishment to be inflicted by 
the senate on impeachment, — 

1st. To removal from office ; and, 

2d. To disqualification to hold and enjoy any office of honor, 
trust, or profit under the United States. But we shall see in another 
chapter, that the party convicted can not plead his conviction by the 
senate in bar to further trial, condemnation, and punishment by 
the courts of law. 



Part II.] THE SENATE. 147 

§ 23. As we have seen, the impeachment is preferred by the 
House of Representatives, and is in the nature of an indictment, spe- 
cifically charging the accused with the commission of certain crimes 
or misdemeanors in office. The articles of impeachment are brought 
to the notice of the Senate by a committee appointed for that pur- 
pose by the House of Representatives. 

§ 24. The Senate issues a summons, citing the party accused to 
appear before them on a day and hour therein specified ; which sum- 
mons is served on the party accused by the sergeant-at-arms of the 
Senate. 

§ 25. "When the accused appears at the bar of the Senate, either 
in person or by counsel, in obedience to the summons, he is informed 
of the impeachment brought against him by the House, a copy of the 
charges are given to him, and he is allowed time to prepare his an- 
swer. 

§ 26. When he has answered to the charges specified in the im- 
peachment, the House replies to the answer through its committee, 
and asserts its readiness to prove them. Time is given the accused 
to prepare for trial, and he is allowed to have the assistance of coun- 
sel. The trial proceeds substantially according to the usual forms 
and method observed in the higher courts of law. 

§ 27. When the evidence in the case and the arguments are con- 
cluded, each senator, on the call of his name, and on each article of 
the impeachment, votes yea or nay on the guilt of the accused. If 
two-thirds of all the senators present find him guilty of any or all of 
the charges specified, sentence is pronounced accordingly. 

§ 28. In pronouncing sentence, the first question put to each 
senator, on answering to his name, is, " Shall the accused be removed 
from the office which he holds ? " On this question, each senator 
answers yea or nay. 

The second question is, ' ' Shall the accused be disqualified to 
hold and enjoy any office of honor, trust, or profit under the United 
States? " On this question, each senator answers yea or nay ; and 
judgment is rendered accordingly, and can extend no further. 



148 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

CHAPTER III. 

PROVISIONS COMMON TO BOTH HOUSES. 

ARTICLE I. — MEMBERSHIP. 

Each house shall bs the judge of the elections, returns, and 
qualifications of its own members. IT, 

§ 1. These are powers, which, from the necessity of the case, 
must be vested in the house where membership is claimed. It is 
necessary to settle the legality and regularity of the election ; other- 
wise any person might intrude himself into either house without the 
least show of authority. Regularity and legality of election can be 
determined only by an inquiry into the election through the returns, 
which opens the whole subject for investigation ; for, in ascertain- 
ing the validity of the returns, it may be necessary to go back of 
them, and inquire into the legality of the election itself. 

§ 2. It is quite possible that a person might be legally and reg- 
ularly elected, and yet be wholly disqualified for a seat in either 
house. His moral character might be such as to bring a reproach 
upon the house of which he should become a member. He might 
be known for treachery and disloyalty to the government, and for 
the most persistent efforts to betray its trusts and to sacrifice its 
interests. Or he might lack any or all those qualifications which 
the Constitution requires to render a person eligible to the member- 
ship in question. 

§ 3. The power of determining the right to membership belongs 
not only to each house of Congress by express constitutional pro- 
vision, but like authority is conceded to the legislative bodies of all 
the States, and to kindred bodies under all free governments. 

ART. II. — QUORUM. 

1. A majority of either house is a quorum to do business, 

2. A smaller number may adjourn from day to day. 

3. A smaller number may be authorized to compel the at- 

tendance of absent members in such manner and under 
such penalties as each house may provide. 17. 



Part II.] COMMON TO BOTH HOUSES. 149 

§ 1. It is indispensable that the Constitution specify the number 
necessary to do business ; otherwise a reckless and intriguing minori- 
ty might take advantage of the absence of the majority, and usurp 
the functions of legislation by enacting repugnant and odious laws, 
or by repealing those most acceptable to the people. 

§ 2. On the contrary, if a smaller number could not adjourn 
from day to day, or compel the attendance of absent members, the 
whole business of legislation might be suspended at the pleasure of 
a few refractory absentees. The necessity of these three provisions 
in reference to business, therefore, must be evident at a glance. 

ART. III. — JOURNAL. 

1. Each house shall keep a journal of its proceedings. 

2. They shall publish the same from time to time, except such 

parts as in their judgment shall require secrecy. ID. 

§ 1. These provisions impose a salutary restraint upon the mem- 
bers of the two houses. In a certain sense, they bring representative 
and constituent face to face. What is clone to-day in the legislative 
halls of the nation is transferred to-morrow to the columns of the 
press, and carried abroad in the mail-bags all over the land. We 
know to-morrow what our senator or representative has done to-day. 
Legislators are thus compelled to act under a high sense of their 
political responsibility. 

§ 2. But there are proceedings, or may be, in every legislative 
body, especially in times of insurrection or invasion, the immediate 
publication of which would be imprudent in the highest degree. 
The publication of such from day to day might give great advan- 
tage to a formidable enemy, and endanger the very existence of the 
government itself. Each house is therefore allowed to judge of the 
propriety and prudence of such publications. 

§ 3. The object of publication is twofold : — 

First, For future convenience ; as it may be necessary to refer to 
the record, from time to time, in the transaction of business which 
may be more or less connected with what has gone before. 

Second, It acts as a salutary check to hasty legislation, as each 
member knows that he is making a record to be read by coming 
generations. 



150 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

AltT. IV. — YEAS AND NAYS. 

At the desire of one-fifth of those present, the yeas and 
nays of the members of either house shall be entered on the 
journal on any question. lf>. 

§ 1. The usual method of taking a vote in deliberative bodies is 
substantially this : The question being stated by the presiding offi- 
cer, he puts it first affirmatively, " As many as are in favor of the 
proposition, say Aye." All the members in favor of the move re- 
spond Aye. The presiding officer then puts the question negatively, 
" Those opposed, say No." The president is generally able to de- 
cide by the sound ; but, if not, he repeats the trial, calling the vote 
both affirmatively and negatively. If still in doubt, or at the 
request of a member, the house may be divided ; the affirmative 
taking one side, and the negative the other, when the secretary 
counts : and, on the count, the decision is made. 

§ 2. But, in taking the yeas and nays, the process is quite dif- 
ferent. The presiding officer states both sides at once, thus : " As 
many as are in favor, &c, will, when their names are called, an- 
swer Tea; and as many as are opposed will, when their names are 
called, answer No." The names are then called, usually in alpha- 
betical order, each member rising at the call of his name by the 
secretary or clerk, and answering yea or nay, as he votes ; the clerk 
noting the vote in each case. He then usually reads over the list 
of names and the votes in each case, so that, if any mistakes have 
been made, they may be corrected. 

§ 3. The object of this process of voting is, that a definite and 
enduring record may be made of the transaction, both for the 
information of the people and for future reference. The record also 
shows who were absent ; a matter of scarcely less importance to tbe 
member, or his constituency, than the vote itself one way or the 
other. Members sometimes absent themselves for the purpose of 
avoiding responsibility in voting. 

§ 4. The Constitution places it within the power of one-fifth the 
members present to compel the calling of the yeas and nays. It is 
a power that may be shamefully abused, however, by a refractory 
minority calling for the yeas and nays on any and every frivolous 



Part II.] COMMON TO BOTH HOUSES. 151 

pretense, for the purpose of defeating decisive legislation on meas- 
ures which thej cannot prevent on direct vote. It consumes con- 
siderable time to take the yeas and nays in an assembly constituted 
of a hundred and fifty or two hundred members ; and hours are 
sometimes wasted in this way on unimportant motions, so as to 
compel the majority to an adjournment from sheer exhaustion. 

ART. V. — BUSINESS RULES. 

Each house may determine the rules of its own proceed- 
ings. 18. 

§ 1. Every deliberative assembly has an inherent right to adopt 
such rules as it chooses for the transaction of business, provided 
those rules do not violate any organic law from which such assembly 
receives its authority. It is but in affirmance of this right that the 
Constitution contains the foregoing clause. 

§ 2. Take away the right to adopt their own rules of proceeding, 
and it would be utterly impracticable to transact busiuess with 
facility and dispatch. Of course, the rules of business must be in 
conformity with the provisions of the Constitution. Neither house, 
for instance, could enforce a rule, should they make one, requiring 
more than one-fifth of the members present to secure the call of the 
yeas and nays. 

ART. VI. — PENALTIES. 

1. Either house may punish its members for disorderly 

conduct / and, 

2. With the concurrence of two-thirds, expel a member. 18. 

§ 1. The power to punish members for disorderly conduct is usu- 
ally given to legislative bodies. Without this power, it might be 
impossible, at times, to transact business. Under high excitement, 
members are sometimes boisterous and tumultuous in conduct; 
and they might persist in disturbing the assembly, but for this power 
to punish. Rules would be of no use without the power to enforce 
them. 

§ 2. The power to expel a member is given for the same pur- 
pose ; that is, for the preservation of order, and for the maintenance 



152 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

of proper decorum. Without these, the country would lose all 
respect for its legislative assembly. But lest party -spirit might 
overstep the limits of propriety, and a domineering majority expel 
members of opposite political sentiments from improper motives, a 
salutary restraint is imposed, requiring a vote of two-thirds for the 
expulsion of a member. So large a majority it would be difficult to 
secure in any case where the rights of the assembly had not been 
grossly outraged. 

ART. VII.— PROHIBITIONS. 

1. Adjournments. 

1st. Neither house, during the session of Congress, 
shall, loithout the consent of the other, adjourn 
for more than three days ; nor, 

2d. To any other place than that in which the two 
houses shall be sitting. 20, 

2. On Members. 

JVo member of either house shall, during the time for 
which he was elected, be appointed to any office under 
the United States, 
1st. Which shall have been created during such time; nor, 
2d. The emoluments of which have been increased dur- 
ing such time. 22 • 

§ 1. — Adjournments. 

1st. As to Time. — If there were no limitation as to the time for 
which either house, during the session of Congress, might adjourn 
without the consent of the other, a factious party-spirit controlling 
in either house might seriously interrupt legislation, or bring it to 
an untimely close. 

2d. As to Place. — "Were there no restriction with regard to the 
place to which either house might adjourn without the consent of 
the other, mischief equally disastrous and embarrassing might be 
perpetrated. One house might compel the other to follow it from 
place to place for the very purpose of preventing legislation. This 
might be done by a minority taking advantage of the absence of a 
majority, as a minority has power to adjourn. 



PART II. ] COMMON TO BOTH HOUSES. 153 

The duration of the sessions of Congress depends, 

1st. On the Constitutional limitation, which can not extend be- 
yond the period of two years. 

2d. On the pleasure of the two houses, subject to the foregoing 
restriction. 

3d. On the pleasure of the President of the United States, 
when the two houses can not agree on the time of adjournment. 

§ 2. — On Members. 

1st. If a member of Congress were permitted to assist in creat- 
ing an office, and then to resign his seat for the purpose of obtain- 
ing that office on being nominated to it by the President, it would 
throw wide open the doors to executive corruption. Numerous lu- 
crative offices might thus be created by legislation, with the under- 
standing, express or implied, between the legislators and the 
Executive, that the offices so created should be distributed among 
those who were instrumental in creating them. 

The chairman of the Judiciary Committee might propose to the 
house of which he was a member the creation of a United-States 
judgeship in California, with a salary of ten thousand dollars a year ; 
and, through his official influence, the bill might pass both houses of 
Congress. By pre-arrangement with the Executive, that office might 
be secured to the very man who had been the chief means of creat- 
ing it, were he at liberty to resign his seat and take it. 

2d. Also, by a system of " bargaining and selling," the salaries 
of certain offices might be greatly increased by mercenary legisla- 
tion ; and then those salaries might be bestowed on the very men who 
had been active in augmenting them, but for the restriction under 

DO' 

consideration. 

We can not too much admire the wisdom, purity, and sagacity of 
the great and good men who formed the Constitution, in their efforts 
to withdraw as far as possible from the framework of our govern- 
ment all motives to selfish and dishonest legislation. 

ART. VIII. — OFFICIAL OATH. 

Senators and representatives shall be bound by oath or affir- 
mation to support the Constitution of the United States. 81. 



154 ANALYSIS OF CIVIL GOVERNMENT. [Part IL 

§ 1. This oath is administered to the members, before taking their 
seats, by the Secretary of the Senate, or Clerk of the House of Repre- 
sentatives. The one who takes it appeals to the Supreme Being 
for the rectitude of his intentions. Such an oath is calculated to 
make a solemn impression on the mind of any candid and consci- 
entious man. 

§ 2. It seems fit and proper, therefore, that all who assume the 
important trust of legislation for their country should take upon 
themselves this solemn obligation. They assume grave responsibili- 
ties, the faithful discharge of which concerns the welfare of the whole 
people. 

§ 3. If it is necessary to administer a solemn oath to a justice of 
the peace, a witness, a juror, or constable, to insure the faithful 
performance of his duties, it is far more befitting in cases of the 
most sacred public trust. 

§ 4. Some persons are conscientiously opposed to taking an oath 
on any occasion whatever. Out of respect to the scruples of such 
persons, a solemn affirmation is administered instead of an oath. 

ART. IX. — SALARIES. 

1. The members shall receive a compensation for their ser- 

vices, to be ascertained by law ; and, 

2. The same shall be paid out of the treasury of the United 

States. 31. 

§ 1. In the Constitutional Convention, there were quite a number 
of members opposed to allowing salaries to representatives and sena- 
tors, but more especially senators. It was proposed to consider the 
honor of the position a sufficient reward ; believing that this would 
secure the services of men of higher character and more distinguished 
ability. On the contrary, it was urged that this would savor too 
much of aristocracy, and prevent men of limited means, however 
worthy, from accepting seats in the national councils, and thus de- 
prive the country of the benefits, in many instances, of able minds, 
for want of wealth. 

§ 2. In England, the members of Parliament are not paid for 
their services. If a poor man is elected to the House of Commons, 



Part II.] COMMON TO BOTH HOUSES. 155 

he is compelled to depend on the liberality of wealthy friends. The 
House of Lords is composed of the aristocracy of the realm, who, of 
course, stand in no need of salaries. 

§ 3. But the majority of the Convention were in favor of salaries; 
and this view prevailed. It was thought hest that the salaries 
of members should be paid from the United-States treasury, as that 
would be more likely to secure promptness of payment, and, conse- 
quently, promptness of attendance. Under the Confederation, the 
members were paid by their respective States. The pay was often 
slow, and the attendance tardy and reluctant. 

§ 4. The salaries of members is to be ascertained (that is, fixed) 
by law. But who makes the law? The members themselves. 
The salaries have been advanced several times since 1789, at the 
opening of the first Congress under the present Constitution. 

1st. From March 4, 1789, to March 4, 1795, inclusive, six dollars 
a day. For the same time, six dollars for every twenty miles' 
travel. 

2d. From March 4, 1795, to March 4, 1796, inclusive, senators 
received seven dollars, and representatives six dollars, a day, 
and travel-fees as before. 

3d. From March 4, 1796, to Dec. 5, 1815, the pay of members 
of either house was six dollars a day, and travel-allowance six 
dollars for every twenty miles. 

4th. From Dec. 5, 1815, to March 4, 1817, the pay was fifteen 
hundred dollars a year, travel-fees as before, and proportional 
deduction of salary for absence for any cause but sickness. 
The President of the Senate and the Speaker of the House 
received double the pay of other members. 

5th. From March 4, 1817, to the first Monday of December, 1856, 
the pay was eight dollars a day, and eight dollars for every 
twenty miles' travel. The President pro tempore of the 
Senate and the Speaker of the House each received double the 
pay of ether members. 



156 ANALYSIS OF CIVIL GOVERNMENT. [Paet II. 

6th. From the first Monday of December, 1856, to 1866, the pay 
of members was three thousand dollars a year ; the Speaker of 
the House to receive double pay, and the President pro tempore 
of the Senate the same as the Vice-President would have been 
entitled to, — six thousand dollars ; the Vice-President, William 
R. King of Alabama, having died soon after his election. 
Mileage, or traveling-expenses, same as before. 

7th. An act was passed July 28, 1866, raising the pay of members 
of Congress to five thousand dollars a year, and mileage as 
heretofore ; the Speaker of the House, eight thousand dollars. 
What the salaries may be at the next advance depends on the 
pleasure of Congress. 



CHAPTER IV. 

POWERS OF CONGRESS. 

Note. — 1. While it is intended to treat the departments of government 
by topics, it will be necessary to frequently refer to other subjects than the 
one under more immediate consideration. The powers conferred by the 
Constitution are intimately related to and dependent on each other. The 
legislative functions are so related to the executive and judicial, the judicial 
to the executive and legislative, and the executive to each of the others, 
that, in treating of either, reference must be had more or less to the others. 

2. It is desirable, however (and that is the aim of this work), to group 
powers of kindred character, as far as possible, under the same general or 
specific titles. The arrangement of the powers specified in the Constitu- 
tion is palpably defective, as has been noticed by our best writers on the 
subject. In discussing it, therefore, by topics, it is impossible to pay much 
attention to the order of that arrangement. 

3. This want of order in the instrument is more particularly apparent, 
perhaps, in the powers of Congress, than in either of the other departments 
of the government. Single sentences and clauses are scattered here and 
there, detached from their proper connections, without any regard to their 
harmonious and necessary relationship. It is the purpose of the Analysis, 
as far as possible, to bring these fragmentary clauses and sentences into 
position with others to which they are related. 



Part II.] POWERS OF CONGRESS. 157 

ART. I. — FINANCES. 

1. Resources. 

1st. To lay and collect taxes, uniform duties, imposts^ 
and excises. S©. 
But cdl direct taxes must be apportioned among the 
several States according to their respective num- 
bers. 5, 47. 

2d. To borrow money on the credit of the United 
States. 27. 

3d. To dispose of the territory of the United States. 

4:th. To dispose of other property of United States. 7G. 

2. Disbursements. 

1st. To pay the debts of the United States. 
2d. To provide for the common defense. 
3d. To provide for the general welfare. S6. 

1. -RESOURCES. 

§ 1. A tax is a sum of money levied on the property or inhabitants 
of a country for the support of the government. When levied on 
individuals, without any reference to the amount of property owned 
by them, it is called a capitation or poll tax. When levied on the 
property, it is to be done in proportion to its value, as ascertained 
by local officers called assessors. 

§ 2. The. power to lay and collect taxes belongs to every human 
government, without which the expenses thereof could not be de- 
frayed. This is one of the means which it has of enabling it to 
perform its obligations to the country. No government could sus- 
tain itself without regular and reliable resources. 

§ 3. The word "taxes " here,«doubtless, means direct taxes, which 
are mentioned in two other places in the Constitution, and which are to 
be imposed on States according to their respective numbers, as ascer- 
tained by the census, or enumeration. They are to be apportioned 
among the several States in the same manner as representatives. 

§ 4 Taxes are of two kinds, — direct and indirect. Direct taxes 
are such as may be levied on land and other real estate, and capi- 
tation-taxes, or taxes on individuals. Indirect taxes are such as are 



158 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

levied on articles of consumption, of which no person pays, except 
in proportion to the quantity or number of such articles which he 
may consume. 

§ 5. Duties, imposts, and excises are also of the nature of indi- 
rect taxes. These must be uniform throughout the United States. 
This is to prevent giving any preference to the pursuits or interests 
of one State over those of another. 

§ 6. The word " duties " refers to a kind of taxes levied on goods 
and merchandise imported or exported. In our country, an export 
duty is not permitted to be levied. The Constitution forbids it. 
The word " imposts," under our government, is equivalent to " cus- 
toms," referring strictly to the duties on imports from foreign coun- 
tries. It would also cover duties on exports, were such duties 
allowable. 

§ 7. The word " excises " is applied more particularly to internal 
taxation ; being levied on articles manufactured and consumed in the 
country, and also on various kinds of business. The money paid 
for licenses to sell liquors, or to deal in any other commodities, is 
called excises, or excise taxes. 

§ 8. Duties on imports are of two kinds, — specific and ad 
valorem. A specific duty is a certain sum of money charged by 
law at the custom-house where goods are landed, according to quan- 
tity or weight, without any reference to the value of the articles 
weighed or measured ; as a dollar on a yard of silk, a gallon of brandy, 
a bushel of wheat, or a pound of opium. 

§ 9. "Ad valorem " is a word or phrase that signifies according 
to the value of. Ad valorem duties are levied on articles accord- 
ing to their value. An ad valorem duty of twenty per cent on 
a watch or diamond worth a hundred dollars would require the pay- 
ment of twenty dollars. 

§ 10. Duties are collected at the custom-house where the dutiable 
goods are landed. It is not easy to avoid the payment of specific 
duties, except by a process called smuggling; that is, by the owner's 
concealing the articles, or landing them clandestinely, in order to 
avoid payment. In such case, however, he runs the risk of detec- 



Part II.] POWERS OF CONGRESS. 159 

tion, and forfeiture of the goods to the government, and of subject- 
ing himself to other penalties more or less severe. 

§ 11. In the payment of ad valorem, duties, there is considerable 
chance for the perpetration of fraud. The owner of the goods is 
required to swear to the accuracy and truthfulness of his invoices ; 
that is, the bills of goods. The goods are estimated at their value 
where they are 'purchased, not where delivered. 

A dishonest merchant might produce a false invoice, rating the 
goods below their cost value, so as to bring the duties to a lower 
standard. For instance, if he imported a thousand reams of paper, 
costing him four dollars a ream, he might produce to the custom- 
house officer a false invoice or bill, rating the paper at two dollars a 
ream. If the ad valorem duty were twenty per cent, and the im- 
porter should succeed in his fraud, he would clear four hundred 
dollars. 

§ 12. Bat the custom-house officer is not bound by the invoice, 
nor by the oath of the owner. If he believes there is a mistake, he 
has the goods appraised, and exacts duties according to their ascer- 
tained value. I? fraud is proved, the goods are forfeited to the use 
of the United States ; and the perpetrator of the iniquity may be 
fined or imprisoned, or both. 

§ 13. The power to borrow money on the credit of the United 
States is classed among the government resources. It has often 
been found to be of great importance in sustaining the financial in- 
terests of the country. No country can sustain itself through a 
long and expansive war, simply on its ordinary income. All the 
great powers of the world have found it necessary, at one time or 
another, to borrow money. 

§ 14. In our wars with Great Britain and with Mexico, we found 
it necessary to borrow in large sums ; but, in our more recent do- 
mestic war, we were compelled to run up our national debt to nearly 
three thousand millions In time of war, it is sometimes necessary, 
in a few years, to anticipate the government income for a quarter or 
half a century. 

§ 15. The cost of the civil war in this country on the part of the 



160 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

United States proper, saying nothing of the cost to the insurgent 
States, was for the 

Years 1861-2 $583,885,247.06 

" 1862-3 .... 788,558,777.62 

" 1863-4 1,025,413,183.56 

" 1864-5 1,151,815,089.86 



$3,549,672,298.10 
§ 16. We were compelled to borrow from year to year as fol- 

ws: — 

From 1861-2 $529,692,460.50 

" 1862-3 .... 608,063,432.02 

" 1863-4 622,388,183.56 

" 1864-5 .... 544,978,548.93 



Total . . . $2,305,122,625.01 

The debt was considerably increased beyond the above figures 
from 1865 to 1866. 

§ 17. The right of ownership always implies the right of aliena- 
tion. The right to dispose of the territory of the United States 
is to be understood here in a restricted sense. Congress has not the 
power to dispose of a State, for instance, by alienation. The United 
States does not own a State in fee-simple, or in any sense implying 
an interest in its soil. Congress has the power to dispose of, 

1st, Unorganized and unoccupied tracts or territories. 

2d, Public lands in parcels to settlers, or to individuals desiring 
to purchase. 

3d, To dispose of them in any other way for the promotion of the 
general welfare. 

4th, To cede to States unoccupied lands lying within their boun- 
daries, for literary or school purposes. 

5th, To re-cede to States, for instance, from which they have been 
obtained, any lands, when the purposes for which they were ob- 
tained no longer exist. 

§ 18. This power to dispose of the territory of the United States 
implies the power to sell the lands, or to give them away for the 



Part II.] 



POWERS OF CONGRESS. 



161 



public good. Many of the Western States have received grants of 
large tracts of lands within their borders by act of Congress. In 
selling lands to individual purchasers, the government has received 
many millions into its treasury : so that the disposition of the terri- 
tory of the United States may properly be regarded as one of the 
national resources. 

§ 19. In 1780, Congress resolved that lands that might be relin- 
quished to the United States by any particular State or States 
should be disposed of for the common benefit of the United States, 
and be settled and formed into distinct republican States, to become 
members of the Union, and have the same rights of sovereignty as 
other States. This was the first step taken which has resulted in 
the acquisition of immense territory subject to the disposal of Con- 
gress. 

§ 20. Before being offered for sale, the lands are regularly sur- 
veyed into townships six miles square, and the townships into divis- 
ions called sections of six hundred and forty acres each (one mile 
square); and the sections are surveyed into half, quarter, and eighths 
of sections. The townships are numbered north and south, and 
ranges numbered east and west ; as, for instance, township number 
nine, north or south, range six, east or west. Here is a map of a 
township marked off in sections, one of which is marked into subdi- 
visions, each containing but forty acres : — 

North. 



West. 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 


ff 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 




-k- 


.LLL 



East. 



162 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

§ 21. In most of the Western States, one section in each town- 
ship has been granted to the State for common-school purposes. In 
Michigan, and perhaps in the other States, section sixteen is the one 
selected, locating the school-lands very near the centre of the 
township. 

§ 22. For many years, the lands, after being surveyed, were sub- 
ject to sale by auction, after which any that remained unsold were sub- 
ject to purchase at private sale ; the price in either case, a dollar and a 
quarter an acre. But in 1854 there was a change in the terms : any 
that were unsold after being in market ten years or upwards were held 
for. actual settlers at a dollar an acre. Unsold lands, after being in 
market fifteen years or upwards, to actual settlers, seventy-five cents 
per acre ; twenty years or upwards, fifty cents per acre ; twenty-five 
years or upwards, twenty-five cents per acre ; thirty years or up- 
wards, twelve and one-half cents per acre. Under this act, however, 
no settler was allowed to purchase more than three hundred and 
twenty acres, or half a section. 

§ 23. May 20, 1862, Congress passed an act, which was amended 
March 21, 1864, and further amended June 21, 1866, known as 
the Homestead Law. This law allows actual settlers, under certain 
restrictions, to obtain one hundred and sixty acres of land, — enough 
for a home, — for the trifling sum of five dollars. The chief restric- 
tions are, — 
1st. The applicant shall make affidavit that he or she is the head 

of a family ; or, 
2d. That he or she is twenty-one years of age or more ; or, 
3d. That he has performed service in the army or navy of the United 

States 
4th. That the application is made for his or her exclusive benefit. 
5th. That said application is made for the purpose of actual settle- 
ment and cultivation ; and, 
6th. That it is neither directly nor indirectly for the use or benefit of 

any other person or persons whomsoever. 
7th. Before obtaining a title, there must be five years of actual occu- 
pancy. 
§ 24. The foregoing synopsis will give a fair idea of the object 



Part II.] POWERS OF CONGRESS. 163 

and intention of the law. The whole drift and scope of the act are, 
to encourage actual settlers to enter and cultivate the Western coun- 
try. The theory of the advocates of this law is, that it is far bet- 
ter for the country, and more profitable to the government as a 
source of revenue, that these lands should be given away to millions 
of actual settlers and cultivators of the soil, than that they should 
be sold to speculators at whatever price, to remain untouched by 
the hand of industry, and unproductive for an indefinite future. 
Actual settlement will add immensely to the taxable property of the 
country. 

§ 25. During the fiscal year ending June 30, 1866, public lands 
were disposed of as follows : — 

Acres sold for cash 388,294.15 

" entered under the homestead acts . 1,892,516.86 
" located with military warrants . . 403,180.00 

" approved to States as swamp-land . 1,199,658.27 
" approved to States for railroads . . 94,596.99 
" located with agricultural college scrip 651,066.60 

4,629,312.87 
During the same period 6,423,984.18 acres were offered for sale. 
The cash receipts from sales and other sources were $824,645.08. 
The number of homestead entries exceeded that of the preceding 
year by more than sixty per cent. 

The entire amount of the public domain at that time was one 
thousand four hundred sixty-five millions, four hundred sixty-eight 
thousand, eight hundred acres (1,465,468,800). Of this vast do- 
main, four hundred seventy-four millions, one hundred sixty thou- 
sand, five hundred fifty-one acres had been surveyed (474,160,551). 
§ 26. Congress is invested with power to dispose of other prop- 
erty of the United States. This, doubtless, includes every species 
of personal property. In time of war, especially, a vast amount 
of personal property accumulates in the hands of government, such as 
ships, horses, wagons, guns, clothing for soldiers, &c, which become 
useless in time of peace, and may be disposed of to the advantage 
of the public treasury. 



164 ANALYSIS OP CIVIL GOVERNMENT. [Part II. 

2.- DISBURSEMENTS. 

I.— To pay the Debts. 

§ 27. la the opinion of the most distinguished jurist who has writ- 
ten on the Constitution, Judge Story, the only purposes for which 
the burden of taxes, duties, imposts, and excises can be imposed, are 
to pay the debts and provide for the common defense and general 
welfare of the United States. The power of raising money through 
these means is for these definite and stipulated purposes. 

§28. Another eminent writer on the subject holds that the power 
over these governmental resources is unlimited and absolute, with- 
out any reference to the objects for which they are to be disbursed. 
By this reasoning, he would be obliged to vary the punctuation of 
these clauses so as to wholly disconnect that of obtaining money 
from that of paying it out. To justify this interpretation, it should 
read thus : — 

1st. Congress shall have power to .lay and collect taxes, duties, im- 
posts, and excises. 
2d. They shall have power to pay the debts and provide for the 
common defense and general welfare of the United States. 

By reference to the original manuscript copy now preserved in the 
archives of the government at Washington, a true copy of which is 
found in this work, it will be seen that the punctuation of these 
clauses will not bear any such construction. The true construction 
seems to be, that Congress has these revenue powers in order to pay 
the debts and provide for the common defense and general welfare 
of the United States; that is, they are given for these express 
purposes, and no other. 

§29. Every thing necessary for the welfare of the country is in- 
cluded in these powers of collecting money and disbursing it. We 
have seen that it may be necessary to borrow money ; thus creating 
a public debt for the payment of which the public faith must be 
pledged. But public credit would be worthless, were there no au- 
thority to pay the debts thus contracted. This, it will be remem- 
bered, was a serious defect under the Confederation. The govern- 
ment was utterly powerless to maintain its credit at home or abroad. 

§30. The Great Rebellion of 1861-65 would have been successful 



PART II.] POWERS OF CONGRESS. 1G5 

but for the public credit which enabled our government to anticipate 
its revenue for one or two generations. We have seen that its ex- 
penditures were more than two millions a day for four consecutive 
years. Nothing but the strong powers of the government over its 
finances enabled it to march triumphantly througli that terrible trial. 
§31. The national debts before the Rebellion sometimes looked for- 
midable ; but, from our present standpoint, they appear insignificant. 
In 1791, just after emerging from the Revolutionary War, it was less 
than eighty millions. In 1805, it was less than ninety millions. 
With all the expenses of the war of 1812 with Great Britain, it 
amounted, in 1816, to less than a hundred and thirty millions. 

2. — The Common Defense. 

§32. To provide for the common defense is one of the objects for 
which the various kinds of taxes may be imposed. Herein, as we 
have already seen, the Confederation was sadly deficient. It could 
apportion to the several States their respective shares of men and 
money to be raised, but could not enforce the enlistment or drafting 
of a single soldier, or the raising of a dollar in money. 

§33. A nation without the ability to protect itself from foreign 
invasion or domestic insurrection is destitute of one of the attributes 
of sovereignty essential to its independence. The army and navy 
are the organizations through which a nation demonstrates its strength 
in time of war. These will be considered when we come to exam- 
ine the war-power of Congress. 

3. — General Welfare. 

§34. To provide for the welfare of its citizens is the first duty of 
every government. Unable to do this, it will soon fail to command 
the respect, homage, and loyalty of its subjects ; and no government, 
especially republican in form, can long exist without the regard and 
affection of the people. It must live, if it live at all, in the hearts 
and affections of its citizens, not " pinned together with bayonets." 
If there is a single sentence or clause in the Constitution more 
comprehensive of its purposes than any other, it is this one requir- 
ing Congress to make provision for the general welfare. Indeed, 
this is the one great object of its origin. 



166 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

§35. There lias been much discussion on the latitude of meaning 
of these two words, " general welfare." The two great political 
parties of the country have long been divided on the subject. One 
party has insisted that the authority to provide for the general wel- 
fare gives power to establish a protective tariff, to expend the public 
money for internal improvements, to facilitate inter-State commerce 
in improving lake and river harbors, aiding in building railroads of 
especial public interest, giving away the public domain to actual 
settlers, and in promoting other enterprises having for their object 
the welfare of the nation at large. The other party has resisted 
this broad construction, insisting that the meaning of the words 
should be confined within more restricted limits. 

ART. II. — COMMERCE. 

To Regulate Commerce, — 

1. With foreign nations. 

2. Among the States. 

3. With the Indian tribes. 38. 

l.-WITII FOREIGN NATIONS. 

§ 1. Congress did not possess the power to regulate commerce 
under the Confederation. The want of it involved the country in 
the most serious embarrassments. Foreign countries, and particu- 
larly Great Britain, cultivated a monopolizing policy injurious to 
this country, and destructive to its navigation. The General Govern- 
ment possessing no authority of this kind, the States attempted its 
exercise separately, each for themselves ; which not only proved 
abortive, but engendered rival, conflicting, and angry disputes and 
regulations. 

§ 2. There was no want of harmony in the Constitutional Con- 
vention on the proposition that Congress should have power to regu- 
late commerce with foreign nations ; but many members were in 
favor of requiring that no bill regulating or relating to commerce 
should be passed unless two-thirds of both houses voted in its favor. 
All were familiar with the defects of the former policy, and were in 
favor of vesting the power in Congress. If this were done, of 



Part II.] POWERS OF CONGRESS. 167 

course the States must surrender all claim to the right which they 
had so disastrously exercised. 

§ 3. Judge Story says, that, in different States, " the most oppo- 
site and conflicting regulations existed. 

" Each pursued its own real or supposed interests. 

" Each was jealous of the rivalry of its neighbors. 

" Each was successively driven to retaliatory measures. In the 
end, however, all their measures became utterly nugatory, engender- 
ing mutual hostilities, and prostrating all their commerce at the feet 
of foreign nations." 

2. — AMONG THE STATES. 

§ 4. The disastrous experiences of the past had rendered it 
evident that the power to regulate foreign commerce and inter-State 
commerce ought to be in the same hands. Indeed, they could not 
safely be separated. The power to regulate foreign commerce, if 
vested in Congress, it was believed, might be so exercised as to 
compel foreign nations to abandon their selfish policy towards us, 
and oblige them to meet us on terms of reciprocity. 

§ 5. But if the States were to be allowed to restrict each other, 
to cultivate rivalry of interests, and to foster the jealousies of the 
past, commerce must languish, and the whole country must suffer. 
If goods landed or manufactured in New York or Massachusetts 
could not be sold and conveyed into Pennsylvania or Connecticut 
without being burdened with State restrictions, not only would feuds 
be cultivated anion o- the States, but foreign commerce would be seri- 
ously embarrassed, if not wholly destroyed. If a cargo of tea, 
having paid duties in New York, could not be sold into New Jersey 
without being subjected to State duties in the latter State, it would 
discourage importations, and strike a fatal blow at the national 
revenue. 

§ 6. The power to regulate commerce among the States, as well 
as with foreign nations, was, therefore, wisely placed in the hands of 
Congress. It has established our prosperity on a solid and enduring 
basis, and raised our country from embarrassment and poverty to 
independence and wealth. 



168 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

3. — WITH THE INDIAN TRIBES. 

§ 7. Under the Confederation, Congress had the power of " regu- 
lating the trade and managing all affairs with the Indians not mem- 
bers of any of the States, provided that the legislative right of any 
State within its own limits be not infringed or violated." This did 
not give any rights to Congress over the matter, except outside the 
limits of States. Consequently, there was no uniformity of traffic 
with the Indians ; and, this creating dissatisfaction among the tribes, 
frequent aggressions and depredations were the result. 

§ 8. In the first draught of the Constitution by the Convention, 
there was no clause vesting this power in Congress ; but, the draught 
being referred to the Committee on the Constitution, this clause was 
afterwards inserted and adopted. It was indispensable for three 
reasons : — 
1st. Experience had proved that it was extremely hazardous to leave 

it with the States. 
2d. Congress could much more easily command the confidence of 

the tribes than any State legislatures. 
3d. It was necessary for the preservation of the rights, and for the 

defense of the territory, of the Indians themselves. 
§ 9. This power of Congress extends to tribes living within or 
without the territorial boundaries of the States, and within or with- 
out the limits of the United States. Whether the tribes remain on 
their original grounds within the States, inhabit unorganized terri- 
tory, or roam at large over lands to which the United States have 
no claim, the trade and commerce with them are subject to the ex- 
clusive regulation of Congress. 

ART. III. — COMMERCIAL. 

1. To coin money. 

2. To regulate the value thereof. 

3. To regulate the value of foreign coin. 

4. To fix the standard of weights and measures. 30. 

5. To establish uniform laws on the subject of bankruptcies 

throughout the United States. SO. 

Note. — These provisions of the Constitution give powers to Congress 
over matters auxiliary to commerce, and which facilitate and promote its 



Part II.] POWERS OF COHGRESS. 169 

interests. Commerce, properly speaking, is the buying and selling or exchan- 
ging of commodities between individuals or communities. Commercial is an 
adjective which signifies pertaining to, or relating to, commerce. Perhaps 
it might not have been altogether improper had the powers under this title 
been grouped under the title Commerce. But there is a distinction between 
commercial facilities and commerce itself. The coining of money affords 
commercial facilities, though money is not an article of commerce. 

1. — TO COIN MONEY. 

§ 1. This power is one of the ordinary prerogatives of sover- 
eignty. It is exercised for the purpose of securing a proper circu- 
lation of genuine instead of base coin in commercial transactions. 
In order to insure its purity and uniformity of value, the coining of 
money is placed exclusively under the supervision of the Federal 
Government. Money is the common standard by which the value 
of all articles of merchandise and real estate is measured or deter- 
mined. Were it left to the States to coin money, there would be no 
uniformity in the standard of value ; depending, as it would, on 
State lines and boundaries. 

§ 2. There are several advantages arising from uniformity in 
value of the money of the country ; and these could not be secured 
were the power to coin it distributed among an indefinite number of 
States. The Continental Congress was empowered by the Articles 
of Confederation to exercise " the sole and exclusive right and 
power of regulating the alloy and value of coin struck by their own 
authority or by that of the States." But the country suffered 
great inconvenience for want of uniformity of coinage among the 
States. The advantages arising from placing this power exclusively 
in the hands of Congress are, — 
1st. The facilitation of exchanges at home and abroad. 
2d. The encouragement and stimulus which it imparts to com- 
merce. 
3d. The barrier which it erects against embarrassments arising from 

undue and forced scarcity. 
4th. It insures uniformity of value, as it insures uniformity of 
alloy. 

§ 3. The total coinage of money in this country, from 1849 to 



170 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

1867, was eight hundred and seventy-four millions of dollars. This 
embraces nearly the entire period since the gold-fields of California 
came into the possession of the United States. Coin is manufac- 
tured at a place called " the Mint." The Mint is located in the 
city of Philadelphia, having branches in New York, San Francisco, 
and Denver. 

2. -TO REGULATE THE VALUE OF DOMESTIC COIN. 

§ 4. This is a power conferred on Congress expressly by the Con- 
stitution, although it is implied in the power to coin money. This 
is especially for the purpose cf securing entire uniformity of value, 
in order that it may pass from hand to hand in business transactions ; 
obviating the necessity of a test being applied to each piece of 
money in each commercial transaction. Every piece of money is 
stamped in such a manner as to indicate its precise value. 

3. -FOREIGN COIN. 

§ 5. There was no provision in the Articles of Confederation for 
fixing the value of foreign coin. In the Constitution, this power is 
given to Congress. Without the power to regulate the value of 
foreign coin, it would be difficult to regulate the value of domestic 
coin. 

§ 6. Were it not for this power, different States might attach 
different values to the same piece of foreign coin. Massachusetts 
might call a piece of English money, known as a sovereign, five 
dollars ; and New York, four dollars. A citizen of Massachusetts 
owing a citizen of New York five thousand dollars, to be paid in 
Boston, could compel the latter to accept a thousand sovereigns in 
payment, on which the citizen of New York would lose a thousand 
dollars if he used the money at home . 

§ 7. This would unsettle the value of our own coin as between 
those two States, and so in all other States where these discrimi- 
nations prevailed. Five thousand dollars American gold would be 
worth much less in New York than in Massachusetts. Not only 
so, but foreign coin would cease to possess any fixed and definite 
value by which to determine the value of other things, and, in 
unsettling their value, would unsettle itself. In short, foreign coin 



Part II.] powers of congress. 171 

would become an article of commerce the same as any other 
commodity. It would soon be the same with American coin. 

"We see, therefore, that the power to regulate the value of foreign 
coin properly belongs with the power to coin money, and regulate 
its value, in order to prevent endlesss confusion, as well as the 
most serious embarrassments to the commercial interests of the 
country. 

4. -WEIGHTS AND MEASURES. 

§ 8. The power to fix the standard of weights and measures was 
doubtless given, says Judge Story, "from like motives of policy, 
for the sake of uniformity and the convenience of commerce. 
Hitherto, however, it has remained a dormant power, from the many 
difficulties attendant upon the subject, although it has been 
repeatedly brought to the attention of Congress in most elaborate 
reports. 

§ 9. " Until Congress shall fix a standard, the understanding 
seems to be that the States possess the power to fix their own 
weights and measures ; or, at least, the existing standards at the 
adoption of the Constitution remain in full force. Under the Con- 
federation, Congress possessed the like exclusive power." But 
the exercise of the power was neglected. 

5. -BANKRUPT LAWS. 

§ 10. The power to pass or establish uniform laws on the subject 
of bankruptcies is classed here as among the commercial interests 
of the government. The author had some doubt, at first, about the 
propriety of placing it here ; but oft looking closely at the objects 
of this power, the origin and history of bankrupt laws in other coun- 
tries, the views entertained by the fathers of the Constitution, a 
single paragraph in " The Federalist," and the commentaries of 
that profound jurist, Judge Story, all doubts that it is commercial 
vanish. 

§ 11. The power to pass laws on the subject of bankruptcies 
originally belonged to the States, as one of their prerogatives of 
sovereignty. Of course, laws passed on this subject by the States 
would lack uniformity, and consequently, in many instances, would 



172 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

work great injustice. A law of this character is regarded as indis- 
pensable to the commercial interests of the country. 

§ 12. A bankrupt is one who owes more than he can pay. The 
objects of the law are twofold : — 

First, to enable creditors to secure an appropriation of all the 
property of a debtor who fails to pay his debts ; allowing the courts, 
in such cases, to give the debtor a complete discharge from all in- 
debtedness. Second, to relieve unfortunate debtors, on their own 
application and surrender of all their property, from perpetual bond- 
age to their creditors, and liability to imprisonment. 

§ 13. An insolvent law must not be confounded with a bankrupt 
law. An insolvent law simply relieves from a liability to impris- 
onment for debt, on the surrender of the debtor's property to the 
creditors : it does not discharge the indebtedness itself. In such 
cases, the future property of the debtor may be seized for his debts, 
and appropriated to their payment. On the contrary, a discharge 
under a bankrupt law annihilates the debts themselves, and the 
creditors have no further claims. 

§ 14. Insolvent laws were in existence forty or fifty years ago 
in many of the States, when imprisonment for debt was almost or 
quite universal throughout the country ; but they were State laws. 
In several of the States, they are still in operation. Under the 
power to pass uniform laws on the subject of bankruptcies, a bank- 
rupt law was passed in 1800, but repealed in 1803 ; another was 
passed in 1841, but repealed a year or two afterwards. A law of 
this kind is now in existence, passed March 2, 1867. 

§ 15. The Supreme Court of the United States has decided that 
insolvent laws passed by the States are constitutional, but that 
bankrupt laws passed by the States are not constitutional ; because 
such laws impair the obligation of contracts. Congress alone has 
this power. 

AET. IV. — PENALTIES. 

1. To provide for the punishment of counterfeiting, 
1st. The securities of the United States. 
2d. The current coin of the United States. 31, 



Part II.] POWERS OF CONGRESS. 173 

2. To define piracies and felonies committed on the high 

seas, and offenses against the law of nations. 

3. Also to provide for punishing these crimes. 3«>. 

4. To declare the punishment of treason. 70. 

1. — COUNTERFEITING. 

§ 1. The power to punish, or to 'prescribe the punishment as it is 
here to be understood, for counterfeiting the securities and current 
coin of the United States, is a necessity growing out of the power 
of Congress to coin money and to regulate its value. The temptation 
to counterfeiting is very great j holding out the hope, as it does, of 
great rewards for comparatively little labor. 

§ 2. Men of mechanical genius and skill, hut wanting integrity, 
are to be found in every community, who are willing to take the 
risks of detection and punishment ; hoping, however, to escape both. 
The finest artistic ingenuity is often prostituted to this purpose, and 
too often with success. Counterfeiting consists in making imitations 
of coin, bank-bills, or other securities, approaching so near to a like- 
ness of the originals as to deceive a person of but ordinary expe- 
rience. 

§ 3. Without the power to attach severe penalties to crimes of 
this grade, the securities and coin of the United States would soon 
become comparatively worthless ; the countiy would be filled with 
spurious bills, bonds, and coin ; and it would not be long before 
money would cease to be a medium of exchange among the masses, 
who are unskilled in detecting the base from the genuine. 

2. -PIRACIES AND FELONIES ON THE HIGH SEAS. 

§ 4. Congress is vested with power to define and punish piracies 
and felonies when committed on the high seas. Any felony commit- 
ted on the high seas comes under the common-law definition of 
piracy. By common law, piracy can not ba committed on land, 
unless it be on an island of the sea. Sir William Blackstone 
defines piracy at common law to consist in committing those acts of 
robbery and depredation on the high seas, which, if committed on 
land, would amount to felony. 



174 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

§ 5. The same author says that piracy is an offense against the 
universal law of society. A pirate renounces all the benefits of 
society and government, and reduces himself afresh to the savage 
state of nature, and declares war against all mankind. By the 
statutes of England, however, various modified definitions have 
been given to this crime, essentially changing its common-law import. 
Statutes are often passed changing the common-law definitions of 
crimes. 

§ 6. In pursuance of this power to define piracy, Congress has 
passed several acts on the subject. For instance, in 1820, the 
foreign slave-trade was made piracy, punishable by death. From 
the foundation of our government until 1808, the foreign slave-trade 
was lawful commerce. Congress has the power to enlarge or con- 
tract the definition of piracy from its common-law meaning. 

§ 7. Felony is another word of common-law definition. The 
author last quoted defines it to be every species of crime which at 
common law occasioned the forfeiture of the lands and goods of the 
criminal ; and this happens most frequently in those crimes for which 
a capital punishment is or was inflicted. This definition has under- 
gone various changes by act of the British Parliament. 

§ 8. By the clause in the Constitution under consideration, Con- 
gress is at liberty to depart from the common-law meaning of the 
word " felony." Felony can hardly be said to be a crime; for it is 
a word of generic import, including a large number of crimes, such 
as murder, larceny, arson, burglary, &c. When committed on 
the high seas, it could not properly be left with the States to define 
it, as the jurisdiction of offenses not committed within State limits 
must necessarily be restricted to the Federal courts. 

§ 9. The high seas are defined by Judge Story to " embrace not 
only the waters of the ocean which are out of sight of land, but 
the waters on the sea-coast below low- water mark, whether within 
the territorial boundaries of a nation or of a domestic State." 

§ 10. The power to define offenses against the law of nations 
must be considered here as restricted to American citizens. There 
is a responsibility resting on every government, which it cannot ig- 
nore, with regard to the conduct of its own citizens. Governments 



Part II.] POWERS OF CONGRESS. 175 

are responsible in some sense to neighboring nations for all violations 
of the laws of nations by their citizens. Oat of this responsibility 
may grow the issues of war. 

3. — PUNISHING THESE CRIMES. 

§ 11. The same considerations that render it proper for Con- 
gress to have the power of denning these crimes, also render it 
proper that they should have the power of annexing to them suita- 
ble penalties. Criminal law would be nugatory without penalties. 
On account of our relations to foreign neio-hborino; nations, it seems 
in the highest degree proper that this power of denning and pun- 
ishing offenses of the class herein specified should belong exclu- 
sively to the National Legislature. 

4. -PUNISHMENT FOR TREASON. 

§ 12. The Constitution defines the crime of treason, but leaves 
it with Congress to prescribe its punishment. In 1790, Congress 
affixed to this crime the penalty of death. In 1362, Congress 
passed another act, punishing treason with death, or imprisonment 
for not less than five years, and a fine of ten thousand dollars, and 
the slaves of the party convicted to be free. This act was passed 
before the abolition of slavery in the United States. 

ART. V. — POSTAL. 

1 . To es tablish £>os t-o flees. 

2. To establish post-roads. 

1. -POST-OFFICES. 

§ 1. The power vested in Congress by the Constitution to estab- 
lish post-offices and post-roads is presumed to include all other 
powers necessary to render them effective. Auy plan that should 
leave the supervision of the post-office department in the hands of 
the several States would necessarily be inefficient. 

§ 2. The several States, and the citizens thereof, are bound to- 
gether by ties of interest, commerce, and affection, rendering it 
indispensable that they should have some reliable and uniform means 
of communication with each other. These benefits could not be 



176 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

derived from the adoption of as many different postal systems as 
there are States in the Union. 

§ 3. Besides, the burdens would be unequal. It is far more ex- 
pensive to transport the mails through the sparsely-populated regions 
of the West, South, and South-west, in proportion to the amount of 
matter conveyed and distance traveled, than it is through the more 
densely inhabited regions of the East and North. Yet it is in a 
high degree important to the whole country that the forest and the 
prairie be subjected to the hand of cultivation. 

§ 4. And who will become pioneer, if he must be shut out from 
all communication with that world which he has left behind ? Hardly 
one in a thousand of the hardy, industrious settlers who have peo- 
pled the Western and South-western States would have left their 
homes in the East to undergo the privations of a new country, 
were there no facilities for the transmission of intelligence to and from 
the friends of other days. 

§ 5. The general superintendence and direction of the post-office 
department is under the care of the Postmaster-General. He has 
the establishing of post-offices, appoints most of the postmasters, 
and has the letting of the contracts for carrying the mails. For 
some of the larger offices, to the number of nearly a thousand, the 
appointments of postmasters is made on nomination of the President, 
by and with the advice and consent of the Senate. 

§ 6. Few of the pupils, or even of the teachers, of the common 
schools of the present day, remember the days of dear postage. 
Until 1845, postage was much higher than at present. Letter post- 
age was as follows : — 

Each letter conveyed less than 30 miles ... 6 cts. 

over 30 and less than 80 miles . 10 cts. 

" 80 and less than 150 miles 12J cts. 

" " " 150 and less than 400 miles . 18| cts. 

" " " " 400 miles ... 25 cts. 

§ 7. March 3, 1845, Congress passed an act reducing the rates 
of letter postage thus : — 
Each letter or package weighing less than half an ounce, 

if carried less than 300 miles .... 5 cts. 
Over 300 miles 10 cts. 



Part II.] POWERS OF CONGRESS. 177 

§ 8. At the second session of the Thirty-first Congress, which 
convened Dec. 2, 1850, another act was passed, reducing still 
lower the price of letter postage, to take effect July 1, 1851. Under 
this act, — ■ 

Each letter prepaid, weighing not over half an ounce, and 
conveyed not over 3,000 miles, wholly within the 

United States 3 cts. 

When the same shall not be prepaid . . . .5 cts. 

For any distance exceeding 3,000 miles, double these rates. 

Double weight (that is, one ounce), double charges; triple weight, 
triple charges ; and so on ; every additional weight of half an ounce 
or less to be charged with an additional single postage. 

For letters sent to foreign countries, various rates were estab- 
lished (higher than these), the rates depending on the countries 
to which the letters are sent. 

§ 9. When at first cheap postage was established, there was a 
great deficiency in the fiuances of the post-office department for 
several years. The income did not equal the expenses until 18G1, 
when the mails were withdrawn from the insurgent States of the 
South. On account of the less expense of transporting the mails 
at the North in proportion to receipts, the post-office department 
exhibited a better financial condition after the mails were withdrawn 
from the Southern States. 

§ 10. The report of the Postmaster- General, dated Nov. 26, 
1867, shows that there were in operation in the United States, June 
30, 1867, post-offices to the number of 25,162 ; and that the 
Receipts from all sources during the year were $19,978,693.54 
Expenditures for the same time . . . 19,235,483.46 



Receipts over expenditures .... $743,210.08 

§ 11. It is encouraging to know, that, under the cheap-postage 
plan with which the American people are now favored, the post-office 
department is self-sustaining. The introduction of cheap postage 
encouraged and stimulated correspondence of all kinds to such 
extent as to produce this result. Some idea may be formed of the 
progress of the postal system in this country, when it is known, that, 



178 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

at the adoption of our Constitution in 1789, there were but seventy- 
five post-offices in the United States. Now, including offices soon 
to be opened at the South, which were closed during the Rebellion, 
there are not far from thirty thousand. In 1790, the receipts of 
the department were $37,935; in 1867, almost twenty millions. 
The aggregate number of miles traveled in carrying the mail, in 
1790, was 7,365 ; in 1887, almost seventy-two millions. 

2. -POST-ROADS. 

§ 12. It has not been necessary, except in a few instances, that 
Congress should exercise their power to establish post-roads. In 
some cases, however, this power has been found necessary, and Con- 
gress has used it. But generally the roads already opened by the 
inhabitants of the country through which the mails are conveyed 
have been found sufficient. They are regularly selected, and de- 
clared, however, to be post-roads, before being used as such. The 
waters on our rivers and lakes, over which travel is public and reg- 
ular, are, in many instances, established as post-roads in this way. 

§ 13. June 30, 1867, there were 6,930 mail-routes in operation 
within the limits of the United States. The aggregate length of 
these mail-routes is 180,921 miles. The aggregate cost of carrying 
the mails over these routes for the year ending June 30, 1867, was 
$8,410,184.00. The mails are carried by private individuals, or 
by railroad or steamboat companies, the contract being made with 
the Postmaster-General in behalf of the United States. He adver- 
tises for bidders, and lets the contract in each case to the lowest 
responsible bidder. Bonds are given by the mail-carriers to the 
government, with good and acceptable sureties, for the faithful exe- 
cution of the contract. Those who are in immediate charge of the 
mails are sworn to the faithful discharge of their duties. 

ART. VI. — PATENT AND COPY RIGHTS. 

To provide for the progress of science and the useful arts 
by granting, for limited times, — 
1st. To authors, the exclusive right to their respective 
writings. 



PART II.] POWERS OE CONGRESS. 179 

2cl To inventors, the exclusive right to their respective 
discoveries. 33. 



1.— COPYRIGHT. 

§ 1. The power to make provisions for patent and copy rights did 
not belong to Congress under the Confederation ; but, in the Con- 
stitutional Convention, there was no opposition to these provisions. 
The necessity of some law of this kind was not only conceded by 
that body, but by the universal acquiescence of the country. 

§ 2. Few men who are wealthy are disposed to take the field of 
authorship, however competent they may be. This rule, however, 
has its exceptions. But the poor man, it will be admitted, can not 
afford to devote himself to the production of valuable books, if the 
fruits of his industry may be appropriated by others without reward. 

§ 3. The States could not afford the necessary protection to 
authors ; for their legislation could only cover their own respective 
territorial boundaries. Few books would be written requiring elab- 
orate authorship, the sale of which, in the estimation of the author, 
was destined to be confined to the limits of a single State. That a 
man has the same right to the labor of his brains that he has to the 
labor of his hands will hardly be questioned. 

§ 4. Judge Story says, " No class of men are more meritorious, 
or are better entitled to public patronage, than authors and invent- 
ors. They have rarely obtained, as the histories of their lives suffi- 
ciently establish, any due encouragement and reward for their inge- 
nuity and public spirit. They have often languished in poverty, 
and died in neglect ; while the world has derived immense wealth 
from their labors, and science and the arts have reaped unbounded 
advantage from their discoveries." 

§ 5. Under the laws of Congress, the steps are very simple to 
secure a copyright. A copyright may be secured to authors for 
books, maps, charts, musical compositions, cuts, and engravings, or 
for any other literary and scientific productions. The copyright ex- 
tends for twenty-eight years : and if, at the end of that time, the 
author is still living, he may obtain its extension for fourteen years 
longer ; or, if dead, his living representatives may obtain its exten- 



180 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

sion. The author, or lie and his representatives, therefore, enjoy a 
monopoly of the sale of his productions for forty-two years. 

§ 6. The steps to secure a copyright are these : Before publica- 
tion, a printed copy of the work proposed to be published, or its 
titlepage, must be deposited in the office of the Clerk of the District 
Court of the United States in the district of the author's residence. 
Within three months after publishing the work, a full copy of the 
work must be delivered to the clerk aforesaid, which he transmits 
to the Secretary of State, to be kept in his office at the seat of 
government. Within the same period, a copy must be furnished to 
the Smithsonian Institute at Washington, and also one to the Con- 
gressional Library. 

§ 7. The owner of the copyright must give notice to every reader 
of his work that he has secured the copyright according to act of 
Congress. This notice is printed on the titlepage, or on the page 
succeeding, in the following words : — 

" Entered according to act of Congress, in the year , by 

(the author), in the Clerk's office of the District Court 
of the 

These words must be published, or other words equivalent to 
them, in every edition of the work. The expense of securing a 
copyright is but trifling, — one or two dollars. 

§ 8. An act of Congress passed Feb. 18, 1867, requires every 
proprietor of a book, pamphlet, map, chart, musical composition, 
print, engraving, or photograph, for which a copyright shall have 
been obtained, to deliver a printed copy of the same to the Con- 
gressional Library within one month after publication. Penalty for 
neglect, twenty-five dollars. The publication may be transmitted 
free of postage if the words " copyright matter" be plainly written 
on the outside ; and postmasters shall give a receipt for the same if 
requested. 

2. - PATENT-RIGHT. 

§ 9. Patents are issued by the patent-office at Washington, giving 
the inventor of any new and useful machine, instrument, manufac- 
ture, or composition of matter, or any new and useful improvement 
of them, the monopoly in their manufacture and sale. This patent- 



Part II.] POWERS OF CONGRESS. 181 

right is secured to the inventor by the issue of what are called 
letters-patent. To obtain letters-patent the applicant must make a 
distinct specification, giving a full and complete description of his 
invention ; and, in cases admitting of drawings and models, these must 
be made, and all deposited with the Commissioner of Patents. 

§ 10. The applicant's discovery or invention must not have been 
in use or on sale more than two years before making his application 
for letters-patent. The patent-office belongs to the Department of 
the Interior. The applicant must swear that he believes himself to 
be the original inventor of whatever he seeks to have patented. 

§ 11. Examination is made at the patent-office, not only of that 
which is proposed to be patented, but of other models, drawings, 
and specifications deposited in the office, in order to ascertain 
whether there is any conflict of claims. If none are found, and that 
which is offered is regarded as patentable, letters-patent are issued 
under the seal of the Department, giving to the patentee, his heirs 
and assigns, the exclusive right to control the manufacture and sale of 
the patented article for fourteen years. Letters-patent cost the pat- 
entee thirty-five dollars, fifteen of which must accompany the appli- 
cation : twenty more must be paid on their issue. 

AET. VII.— WAR. 

1. To declare war. 

2. To grant letters of marque and reprisal. 

3. To make rules concerning captures on land and water . 3G« 

4. To raise and support armies. 3^. 

5. To provide and maintain a navy. 38. 

6. To make rules for the government and regulation of the 

land and naval forces. 39. 

7. To provide, 1st. For organizing, arming, and disciplin- 

ing the militia. 
2d. For governing such part of the militia as mag be 

employed in the service of the United States. 4JL 
3d. For calling forth the militia, — 

First, To execute the laws of the Union / 

Second, To suppress insurrections ; 

Third, To repel invasions. 40. 



182 ANALYSIS OF CIVIL GOVEKNMENT. [Part II. 

1. — DECLARATION OF WAR. 

§ 1. A declaration of war is a solemn, formal, and deliberate no- 
tice to all the world in general, and particularly to the citizens of 
both nations involved, that hostilities actually exist, or are about to 
commence. The nation declaring war generally recites in the dec- 
laration the wrongs and aggressions of which complaint is made ; 
thus making a direct appeal to the great family of nations in justi- 
fication of the measure. " A decent respect for the opinions of man- 
kind," as well as for the rights of neutral nations who may have 
indirect interests in the conflict, could scarcely require less. A war 
between two powerful nations jars the commercial interests of every 
nation on the globe. 

§ 2. The power to declare war is one of the prerogatives of the 
sovereign of Great Britain ; and it belongs to the sovereigns of 
most other countries. Sir William Blackstone says that " the right 
of making war, which by nature subsisted in every individual, is 
given up by all private persons that enter into society, and is vested 
in the sovereign power. This right is given up, not only by indi- 
viduals, but by the entire body of the people who are under the 
dominion of the sovereign." 

§ 3. In this country, the will of the people is the sovereign ; at 
least, this is our theory. Could that will be definitely ascertained 
without delay, the power to declare war should be vested in the 
people. But, practically, the will of the people can be known 
through their representatives only, and hence the war-power is vested 
in Congress. 

§ 4. In the Convention that formed the Constitution, there was a 
variety of opinion on the propriety of placing this power in the 
hands of Congress. One class of members was for vesting it in the 
Senate only ; a second for vesting it in the President ; a third fa- 
vored the plan of conferring it on both Senate and President ; a fourth 
was for giving it to Congress, and this proposition prevailed. 

§ 5. Before a declaration of war can be made, the subject must 
receive the most solemn and deliberate attention of the representa- 
tives of the people in Congress assembled. A declaration of war 
is an exercise of the highest prerogative of national sovereignty ; 



Part II.] powers of congress. 183 

and its effects on other nations and individuals, as* well as on the 
nations and individuals more immediately involved, are so direful 
and calamitous, that it can not be justified except as a last resort. 

§ 6. When a formal and solemn declaration of war has been 
made by Congress, peace can be secured only through the negotia- 
tions of ambassadors or ministers representing the contending pow- 
ers. After the ministerial or ambassadorial conference has agreed 
on the terms of peace, the power to accept or reject those terms on 
the part of the United States belongs to the President and Senate. 
As we have seen in considering the Senate-powers, it requires a 
majority of two-thirds of the members present to ratify any treaty, 
including a treaty of peace. 

2. -MARQUE AND REPRISAL. 

§ 7. The power to declare war doubtless implies the power to 
grant letters of marque and reprisal. Letters of this kind are 
sometimes issued by the government to prevent the necessity of a 
resort to war, though they are incident to the war-making power. 
They are frequently issued before a declaration of war. They are 
grantable by the law of nations, says Blackstone, whenever the sub- 
jects of one State are oppressed or injured by those of another, and 
justice is denied by that State to which the oppressor belongs. 

§ 8. Marque signifies, as here used, a license from the gov- 
ernment to pass beyond the limits or jurisdiction of one's own coun- 
try ; and reprisal signifies a taking in return. Letters of marque 
and reprisal are a commission from the government authorizing the 
bearer to pass beyond the boundaries of his own country for the 
purpose of capturing prizes of the enemy, consisting of their persons 
or goods. Whatever is so captured is held under certain regulations 
until satisfaction shall be made to the government or individuals 
injured. 

§ 9. This commission saves the bearer of it, and his crew, from 
the liability, if captured themselves, of being tried, convicted, and 
punished as pirates. In case it so happens in their conflicts that 
they are taken prisoners, they have the protection of their govern- 
ment that they shall be treated as prisoners of war ; and, in case 



184 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

they should be treated otherwise, their own government would re- 
taliate. 

3. - CAPTURES. 

§ 10. But it is necessary that rules should be adopted concerning 
captures made, whether on land or water. Congress is authorized 
by the Constitution to make these rules, which, when made, become 
laws the same as any other laws ; and, for the purpose of enforcing 
them, courts of admiralty have been established, whose business it 
is to inquire into the legality of the course pursued in taking these 
prizes. Persons might go out in pursuit of prizes, having no au- 
thority, or, having authority, might capture from the ships of 
neutrals ; or an illegal course might be pursued after capture, though 
the capture itself were legal. 

§ 11. "The cognizance of all captures or piizes," says Black- 
stone, " and their incidents, belong exclusively to the courts of the 
country to which the captors belong, and from whom they derive their 
authority to make their captures. The remedy for illegal acts of 
capture is by the institution of proper prize-proceedings in the prize- 
courts of the captors." 

4. -THE ARMY. 

§ 12. The other war-powers vested in Congress would be utterly 
useless without the power to raise and support armies. Probably no 
power of Congress mentioned in the Constitution met with so strong 
opposition before the people as this one to raise and support armies. 
It was urged with great force and vehemence, that, being unlimited, it 
would be dangerous to the liberties of the people, and would finally 
result in the establishment of a military despotism. 

§ 13. This clause refers to the regular or standing army. Con- 
gress had no such power under the Confederation. All they could 
do was "to agree on the number of land-forces, and to make requisi- 
tion on each State for its quota, in proportion to the number of white 
inhabitants in such State." True, these requisitions were to be 
binding on the States ; but the government must wait their conve- 
nience and disposition. 

§ 14. The army is created by enlistments under the acts of Con- 
gress. The enlistment is for five years in the regular army. In 



Part II.] POWERS OF CONGRESS. 185 

November, 1866, this branch of the military service numbered a little 
over fifty-four thousand men. 

5. -THE NAVY. 

§ 15. The Articles of Confederation gave to Congress the power 
"to build and equip a navy." But, in the Constitutional Conven- 
tion, the words " to provide and maintain a navy " were accepted, 
as having greater breadth and appropriateness of meaning. 

§ 16. The navy consists of the entire number of ships of war 
belonging to a nation or people considered collectively. A navy is 
necessary for the protection of our fisheries, commerce, and naviga- 
tion. We need it not only on the ocean, but on our lakes, and on 
several of our rivers, and this even in time of peace. 

§ 17. But, in time of war, a navy becomes indispensable to a peo- 
ple whose geographical position is like ours. We have a long line 
of seaboard, through which we are exposed to the depredations of 
hostile fleets and invading armies. Located on that seaboard are 
some of our most important, flourishing, and populous cities. The 
possession of the chief commercial cities in any country by an 
enemy in time of war gives him a great advantage in the contest. 
He can exact contributions of the inhabitants for the support of his 
army. 

§ 18. In the earlier years of our history, our navy found but 
little favor in the popular estimation. Judge Story says, " It was 
not until during the late war with Great Britain (1812), when our 
little navy, by a gallantry and brilliancy of achievement almost 
without a parallel, had literally fought itself into favor, that the 
nation at large began to awake from its lethargy on this subject, and 
to insist upon a policy which should at once make us respected and 
formidable abroad, and secure protection and honor at home." 

§ 19. According to the report of the Secretary of the Navy, 
dated Dec. 3, 1866, the total number of vessels in that department 
of the public service at that time was two hundred and seventy- 
eight. Of these, there were in commission and on active duty one 
hundred and fifteen vessels, carrying one thousand and twen'y-nine 
guns. 



186 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

G.- RULES FOR ARMY AND NAVY. 

§ 20. Nothing need be said to vindicate the policy and necessity 
of vesting in "Congress the power to make rules for the government 
and regulation of the land and naval forces. It naturally follows 
the power to raise and support armies, and to provide and maintain 
a navy. This clause was not in the first draught of the Constitution, 
as appears from the Madison Papers ; but it was afterwards inserted 
as an amendment, without opposition. 

7. -THE MILITIA. 

§ 21. The next power of Congress to be considered is that of 
"providing for, organizing, arming, and disciplining the militia." 
The country could not safely rely solely on its standing army for any 
and every emergency that might arise. The Constitution, therefore, 
gives Congress jurisdiction over the militia of the several States, 
and this power of providing for, organizing, arming, and disciplining 
them, as incidental to that jurisdiction. The States have the ap- 
pointment of the officers over, and the training of, the militia, as we 
shall see when we come to treat of the rights of States ; but this 
must be done as directed by Congress. 

§ 22. Congress is authorized also to make provision for governing 
such part of the militia as may be employed in the service of the 
United States. Rigid discipline and government have always been 
found necessary in the army, whether constituted of regulars ^or 
militia. This government must be uniform to be salutary. To be 
uniform, it must emanate from a single source. It would not do, 
therefore, to leave the government of the militia in the employ of 
the nation in the hands of the several States in which they might 
enlist. 

§ 23. There are three purposes for which Congress may provide 
for calling forth the militia of the several States : — 

First, To execute the laws of the Union ; 

Second, To suppress insurrections ■ 

Third, To repel invasions. 

The organization of the militia is maintained at an expense com- 
paratively trifling when the advantages to the country are considered. 



Part II.] POWERS OF CONGRESS. 187 

It saves the immense cost of a large standing army in time of peace. 
The nation must have the means at its command for carrying on a 
foreign war, as well as for maintaining its authority at home ; and 
the following reasons favor the militia system : — 

1st. Recent experience has demonstrated that but a few months 
of discipline are necessary to insure bravery, courage, and fortitude, 
in the field of conflict, on the part of the militia. They have crowned 
themselves with immortal honor, and have added unfading luster 
to the national reputation. 

2d. An agricultural, manufacturing, and commercial community 
like ours will be unlikely to become involved in long and expensive 
wars at home or abroad. But few instances in our history have 
occurred when it has been necessary to call forth the militia of the 
several States in any considerable numbers and for any great length 
of time. Our history, thus far, has proved that it is more economi- 
cal to keep up an extensive militia organization of the States than 
to keep a large standing army in the field. 

3d. The President of the United States is commander-in-chief 
of the army and navy at all times, and of the militia of the several 
States when called into actual service of the government. He can 
not call forth the militia except under provisions made by Congress. 
Various acts of Congress have been passed, at different times, 
defining the emergencies under which the President may call forth 
the militia. He is to be sole judge of the necessity to call them 
forth. At the close of the late Rebellion, 1865, over one million 
of the militia were mustered out of service within a few months, 
and returned to the industrial pursuits of the country. 

§ 24. It is believed that the standing armies of the world are 
now larger than they have been at any time since the great wars of 
the first Napoleon. The army of the United States now numbers 
nearly fifty-five thousand men. The annual cost of our army at 
present is nearly one hundred million dollars. 

The army of France has been fixed at seven hundred and fifty 
thousand men in the "active" army, and five hundred and fifty 
thousand in the " passive; " the latter being called " the National 
Guard Mobile." Total, thirteen hundred thousand men available 



188 ANALYSIS OF CIVIL GOVERNMENT. [Part II 

for war. A contingent of one hundred thousand men is annually- 
available to recruit the army. 

The British army numbers about two hundred thousand men, 
the larger part of which is at home ; Ireland alone absorbing about 
twenty-five thousand troops. 

The Prussian army numbers about six hundred thousand men. 

The Italian army now numbers about two hundred and fifteen 
thousand, and is one of the finest in the world. 

The Austrian army numbers about seven hundred thousand men. 
Its cavalry is very superior. The government raises its own horses, 
and thus secures the very best animals for service. 

The Russian army numbers about eight hundred thousand men ; 
and it could readily be increased, in case of war, to twelve hundred 
thousand. It is spread all over the empire, from the Baltic to the 
Caucasus. 

The Spanish army is small, not exceeding eighty thousand men ; 
but it is generally in excellent condition, and supplied with the best 
arms to be procured. 

The number of men maintained in the standing armies of civilized 
nations is not less than thirty-six hundred thousand. All these vast 
numbers are snatched away from the pursuits of useful industry, 
and condemned to idleness and a vicious life ; while the laboring 
masses are tasked for their support, and for the costly armaments 
they require. 

ART. VIII. — JUDICIARY. 

1. To constitute tribunals inferior to the Supreme Court. 34. 

2. To determine by law where the trials for crimes shall be 

held which are not committed within any State. 68. 

3. May make exceptions and regulations in cases over which 

the Constitution gives the Supreme Court appellate 

jurisdiction. ©7. 

§ 1. The Constitution establishes a Supreme Court ; but it is left 

with Congress to organize that tribunal. The power is vested in 

Congress to establish tribunals inferior to the Supreme Court ; and, as 

these tribunals constitute a part of the national judiciary, they will 



Part II.] POWERS OF CONGRESS. 189 

be considered in the chapter relating to that department of the gov- 
ernment. This article is inserted here for the purpose merely of 
classifying the subject of it among the powers of Congress. These 
inferior tribunals consist of circuit and district courts. 

§ 2. Congress has the power to determine by law where the trials 
of crimes shall be held which are not committed within any State. 
Although crimes committed within any State are to be tried in the 
State where they are committed, yet they may be committed on the 
high seas, or within the limits of unorganized Territories. This 
clause of the Constitution gives Congress the power to provide for 
such cases. 

§ 3. The appellate jurisdiction of the Supreme Court is subject 
to such exceptions and regulations as Congress shall, from time to 
time, establish by enactment. This power will be noticed in treat- 
ing of the judiciary. 

ART. IX. — NATURALIZATION. 

To establish a uniform rule of naturalization. 29. 

§ 1. Naturalization is that legal process by which an alien or a 
foreigner becomes a citizen of the United States. Congress has ex- 
clusive control over this subject. Under the Confederation, this 
power did not belong to Congress, but to the States. In the Con- 
stitutional Convention, there was no opposition to giving it to Con- 
gress. Distributed among the several States, under the Confedera- 
tion, it had been a source of great embarrassment, on account of the 
different conditions for naturalization required by the different 
States. 

§ 2. An alien is one who is born in a foreign country. This 
definition does not apply to children born in foreign countries, whose 
parents are citizens of the United States, and are temporarily 
absent on the public business of the United States. Such children 
are considered as native-born. 

§ 3. Under the Confederation, New York might require ten 
years' residence of an alien before he could become naturalized ; 
Pennsylvania might require six years, New Jersey three, ancl Con- 



190 



ANALYSIS OF CIVIL GOVERNMENT. [Pabt II. 



necticut one. Yet if a foreigner became naturalized in Connecti- 
cut, where but one year's residence was required, he might remove 
to New York in a year or two after naturalization, and claim all the 
privileges of citizenship in the latter State. For the free inhabit- 
ants of each State were "entitled to all the privileges and immunities 
of free citizens in the several States." Thus a citizen of any State 
was a citizen of any other State in which he might become a resi- 
dent. 

§ 4. Congress, having the whole control of this subject under the 
Constitution, passed a law in 1790 requiring two years' residence 
before a foreigner could become naturalized. In 1795, the act 
was amended, requiring five years' residence. In 1798, the period 
was extended to fourteen years : but it was reduced in 1802 to five 
years ; since which there has been no alteration as to time, except 
with regard to soldiers. A soldier, having served one year in the 
Union army, and having obtained an honorable discharge, may 
become a citizen of the United States on making oath to these facts, 
and taking the oath of allegiance to our government. 

§ 5. At any time after a foreigner has become a resident in this 
country, he may make his declaration of intention on oath, before a 
court of competent jurisdiction, to become a citizen of the United 
States. The following is a declaration of intention now on file in 
the clerk's office for the county of Monroe, New York : — 

State of New York, > 
Monroe County, j 65 ' 

I, Patrick Flannigan, of the city of Rochester, Monroe County, 

New York, do declare, on oath, that it is my bond-Jide intention to 

become a citizen of the United States, and to renounce for ever all 

allegiance and fidelity to every foreign prince, potentate, state, and 

sovereignty whatever, and particularly to the sovereign of Great 

Britain, of whom I am a subject. 

Patrick Flannigan. 

Subscribed and sworn to in open court 

this thirtieth day of June, 1867. 

Charles J. Powers, Clerk. 

Seal of f 
the Court. 



1 

b. ) 



Part IT.] - POWEES OF CONGKESS. 191 

§ 6. Five years must have elapsed after a foreigner becomes a 
resident, and two years after declaration of intention as above, 
before lie can become a citizen. The declaration of intention may 
be made any time within three years, or longer, after becoming a 
resident ; but at least two years must intervene after declaration of 
intention before taking the oath of allegiance, which is the last step 
in order to become a citizen. 

§ 7. Tbe oath of allegiance must be preceded by the oath of 
other witnesses to the five years' residence and good character of the 
applicant. These witnesses must be citizens of the United States, 
and swear that they are well acquainted with the said applicant 
(Patrick Flannigan); that he has resided in the United States for 
five years last past, and for the last year in the State of New York ; 
and that, during that time, he has behaved as a man of good moral 
character, attached to the principles of the Constitution of the 
United States. 

§ 8. The oath of allegiance will then be administered to Patrick 
Flannigan, and will read substantially thus : — 

" I, Patrick Flannigan, do solemnly swear that I will support the 
Constitution of the United States ; and that I hereby renounce and 
abjure all allegiance and fidelity to every foreign prince, potentate, 
state, and sovereignty whatever, and particularly to the Queen of 
England, of whom I am a subject. So help me, God. 

" Patrick Flannigan. 
" Sworn to in open court this sixth chiy of July, 1869, before me, 

"Charles J. Powers, Clerk of Monroe County.''' 

§ 9. When a foreigner becomes naturalized, his children under 
twenty-one years of age, if residents of the United States at the 
time, become citizens without further formality. If a foreigner 
makes his declaration of intention to become a citizen of the United 
States, and dies before the time to become naturalized, his wife and 
children may become citizens at that time on taking the necessary 
oath. 

§ 10. By act of Congress passed in 1855, "persons heretofore 
born, or hereafter to be born, out of the limits and jurisdiction of 
the United States, whose fetters were or shall be at the time of their 



192 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

birth citizens of the United States, shall be deemed and considered, 
and are hereby declared to be, citizens of the United States ; pro- 
vided, however, that the rights of citizenship shall not descend to 
persons whose fathers never resided in the United States. 

" Also any woman who might lawfully be naturalized under the 
existing laws, married, or who shall be married, to a citizen of the 
United States, shall be deemed and taken to be a citizen." 

ART. X. — TERRITORY. 

1. Government. — To make all needful rules and regulations 

respecting the territory of the United States. 76. 

2. Seat of Government. — To exercise exclusive legislation in 

all cases whatsoever over such district {not exceeding 
ten miles square) as may, by cession of particular 
States and the acceptance of Congress, become the seat 
of government of the United States. 4£. 

3. Public Works. — Also over all places purchased by consent 

of the legislatures of the States in which the same shall 
be, for the erection, 1st, of forts; 2d, magazines ; 3d, 
arsenals; Ath, dock-yards; and, £>th, other needful 
buildings. 42. 

4. Alienation. — To dispose of the territory of the United 

States. 76. 

5. New States. — May admit new States into the Union. 7«>. 

i._ government. 

§ 1. Ownership of territory by any government implies the right 
to govern it ; and the right to govern implies the right to make all 
needful rules and regulations for that purpose. But the authors of 
the Constitution saw fit to incorporate into that instrument this power 
to govern, which is but in affirmance of well-known principles of law 
in such cases. 

§ 2. It seems to be admitted by all political parties at the present 
day that the United States possess the right to acquire territory. 
The government has acted on this right from the beginning. By 
the liberality of the States owning it, the General Government had 
acquired that immense region known as the North-western Territory 



PART II.] POWEBS OF CONGRESS. 193 

before the adoption of the Constitution. Since the adoption, our 
territory has been greatly extended in the acquisition of Louisiana, 
Florida, California, and the Russian possessions in America. 

§ 3. It is the duty of Congress to make the necessary rules and 
adopt the necessary measures to govern this vast territory, until such 
time as, by the increase of its population, it shall be divided and 
erected into independent States, and admitted into the Union. 
More than a dozen States have already been formed from this ac- 
quired territory, and have been adopted as members of the National 
Union. 

2. -SEAT OF GOVERISTMENT. 

§ 4. Speaking of the powers of Congress over the seat of gov- 
ernment, Judge Story says, " A moment's consideration will establish 
the importance and necessity of this power. Without it, the National 
Government would have no adequate means to enforce its authority 
in the place in which its public functionaries should be convened. 
They might be insulted and their proceedings might be interrupted 
with impunity. And, if the State in which it were situated 
should array itself in hostility to the proceedings of the National 
Government, the latter might be driven to seek another asylum, or 
be compelled to a humiliating submission to the State authorities. 

§ 5. "Nor let it be thought that the evil is wholly imaginary. 
It actually occurred to the Continental Congress at the very close 
of the Revolution, who were compelled to quit Philadelphia, and 
adjourn to Princeton, in order to escape from the violence of some 
insolent mutineers of the Continental army. 

§ 6. " It is under this clause that the cession of the present Dis- 
trict of Columbia was made by the States of Maryland and Virginia 
to the National Government ; and the present seat of the National 
Government was established at the city of Washington in 1800. 
That convenient spot was selected by the exalted patriot whose name 
it bears for this very purpose." 

The District of Columbia was a tract ten miles square. That 
part of it obtained from Virginia was re-ceded to that State in 1846 : 
so that now the District is confined to the Maryland side of the 
Potomac. 

13 



194 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

§ 7. Before the year 1800, the seat of government was not per- 
manently fixed at any place ; and, being moved as it was from place 
to place, the public suffered great inconvenience. It had been 
temporarily established at the following places, at the following 
dates : — 

Philadelphia, Sept. 5, 1774. 

Philadelphia, May 10, 1775. 

Baltimore, Dec. 20, 1776. 

Philadelphia, March 4, 1777. 

Lancaster, Penn., Sept. 27, 1777. 

York, Penn., Sept. 30, 1777. 

Philadelphia, Jnly 2, 1778. 

Princeton, June 30, 1783. 

Annapolis, Md., Nov. 26, 1783. 

Trenton, N. J., Nov. 1, 1784. 

New York, Jan. 11, 1785. 

3. -PUBLIC WORKS. 

§ 8. If the National Government needs a site 'for the erection of 
a fort, magazine, arsenal, dock-yard, or any other building, there 
are two steps necessary to procure it : first, the consent of Con- 
gress ; and, second, the consent of the legislature of the State in 
which the proposed site is. When the cession is made, the govern- 
ment comes into full possession ; and now Congress may exercise 
over snch place exclusive legislation. 

§ 9. Unless the State of which such purchase is made reserves 
the right, no legal State authority can be exercised in such places, 
even to the serving of Writs of any kind, civil or criminal. All 
judicial jurisdiction in such cases is national. If crimes are com- 
mitted in such places, they must be tried in the United-States courts. 
Judge Story says, however, that the States have generally reserved 
in such cessions the right to serve all State processes, civil and crimi- 
nal, upon persons found therein. 

§ 10. The object of such reservations when they are made is, 
that these places shall not become retreats and asylums for fugitives 
from justice who may be guilty of crimes against State authority. 



Part II.] POWERS OF CONGRESS. 195 

Almost every State has more or less of these places within its limits 
subject to the jurisdiction of national authority. 

4. — ALIENATION. 

§ 11. The power to dispose of the territory belonging to the 
United States has been discussed in another place, and therefore 
need not be repeated here. (See Art. I. of Chap IV., Part II.) 

5. -NEW STATES. 

§ 12. By reference to the Articles of Confederation, it will be 
seen that Canada was to be admitted into the Union by " acceding to 
the Confederation, and joining in the measures of the United States; " 
but no other (British) Colony was to be admitted unless such ad- 
mission were agreed to by nine States. Nothing is to be found in 
those articles providing for the admission of new States into the 
Union. This was an important omission, as the events of our 
history since the adoption of the Constitution have proved. 

§ 13. At the close of the Revolutionary War, there were immense 
tracts of vacant territory lying within the chartered limits of several 
of the States. These States, with this extensive domain, constituted, 
in part, the area of the Confederation. This vacant territory, as well 
as the territory of the States proper, had been wrested from British 
jurisdiction by the common efforts, sacrifices, treasure, and blood of 
the inhabitants of all the States engaged in the struggle. 

§ 14. Several of the States were reluctant to ratify the Articles 
of Confederation, and refused to come into the Union unless this 
vacant territory should become the common property of the National 
Government. Congress earnestly, urged the States holding this ter- 
ritory to surrender their claims for the common benefit of all the 
States. 

§ 15. On the 10th of October, 1780, the Congress of the Con- 
federation 

" Resolved, That the unappropriated lands that may be ceded or 
relinquished to the United States by any particular States, pursuant 
to a recommendation of Congress made 6th September of the same 
year, shall be disposed of for the common benefit of the United 



196 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

States, and be settled and formed into distinct republican States 
to become members of the Federal Union." 

§ 16. This resolution also suggested that the necessary and rea- 
sonable expenses should be re-imbursed which any State had incurred 
since the commencement of the Revolutionary War in subduing any 
British posts, or in maintaining forts or garrisons within the country 
and for its defense, or in acquiring any part of the territory that 
might be ceded or relinquished to the United States. 

§ 17. In pursuance of these recommendations of Congress, New 
York, Virginia, Massachusetts, Connecticut, South Carolina, North 
Carolina, and Georgia made the desired surrender of their respec- 
tive claims to the aforesaid vacant lands. New York took the lead 
in the noble and generous sacrifice, March 1, 1781 ; and was fol- 
lowed by the other States, one after another, at various dates, ending 
with Georgia, April 24, 1802. 

§ .18. Since that time, our territory has been vastly extended by 
the purchase of the Louisiana tract (1803) of France; by the pur- 
chase of Florida of Spain (1819); the annexation of Texas in 1845 ; 
the addition of California, by treaty with Mexico, in 1848 ; and by 
the recent purchase of nearly five hundred thousand square miles of 
Russian territory in North America. 

§ 19. It was foreseen by the authors of the Constitution, that 
this power to admit new States into the Union would soon become 
necessary ; and it was accordingly vested in Congress. Under this 
provision, the following States have already been admitted at the 
following dates respectively : — 



Vermont, 


March 4, 


1791. 


Kentucky, 


June 1, 


1792. 


Tennessee, 


June 1, 


1796. 


Ohio, 


April 30, 


1802. 


Louisiana, 


April 8, 


1812. 


Indiana, 


Dec. 11, 


1816. 


Mississippi, 


Dec. 10, 


1817. 


Illinois, 


Dec. 23, 


1818- 


Alabama, 


Dec. 14, 


1819. 



Part II.] POWERS OF CONGRESS. 197 



Maine, 


March 15 : 


, 1820. 


Missouri, 


Dec. 14, 


1821. 


Arkansas, 


June 15, 


1836. 


Michigan, 


Jan. 26, 


1837. 


Wisconsin, 


May 29, 


1841. 


Florida, 


March 3, 


1845. 


Iowa, 


March 3, 


1845. 


Texas, 


Dec. 29, 


1845. 


California, 


Sept. 9, 


1850. 


Minnesota, 


Feb. 26, 


1857. 


Oregon, 


Feb. 14, 


1859. 


Kansas, 


Jan. — , 


1861. 


West Virginia, 


June 20, 


1863. 


Nevada, 


Oct, 31, 


1864. 


Nebraska, 


, 


1867. 



ART. XI. — STATES. 

1. Elections. 

May alter the times, places, and manner of holding elec- 
tions of senators and representatives prescribed in the 
several States by the legislatures thereof except as to 
the places of choosing senators. Id. 

2. Electors of President and Vice-President. 

May determine, 

1st. The times when the States shall choose their elec- 
tors of President and Vice-President of the 
United States. 

2d. Also the day on which the electors shall give 
their votes / which day shall be the same 
throughout the United States. 5o. 

3. Acts, Records, Judicial Proceedings. 

May by general law provide the manner in which the 
acts, records, and judicial proceedings of the several 
States shall be proved, and the effect thereof. 71. 

4. Imposts and Duties. 

May revise and control any State laws in reference to lay- 
ing any imposts or duties on imports or exports. &*£, 



198 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

1.- ELECTIONS. 

§ 1. It is left with the States to fix the times, places, and manner 
of holding their elections of senators and representatives in Con- 
gress ; but, should they neglect to do this, Congress has jurisdiction 
over the whole subject, except as to the places of choosing senators. 
Each State can consult its own local convenience with regard to 
these elections ; but it has no right to wholly neglect making the 
necessary provisions for holding them. 

§ 2. Every government has the inherent right to provide for the 
perpetuity of its own existence. The Constitution could hardly contain 
a general election law applicable to the conveniences of all the States 
alike. The power here given to Congress is simply discretionary, 
not mandatory ; and such a power must be vested somewhere. Judge 
Story says, " There were three ways in which it (this power) could 
be reasonably organized. It might be lodged either wholly in the 
National Legislature, or wholly in the State Legislatures ; or pri- 
marily in the latter, and ultimately in the former." The last mode 
was adopted by the Convention. 

§ 3. It is possible that a State might utterly refuse to provide 
for the election of senators and representatives. One State under 
the Confederation actually did withdraw its members from Congress 
to prevent the passage of important measures. What Rhode Island 
did then, another State might be disposed to repeat in substance, even 
if powerless to do it in the same manner. A State can not now with- 
draw its members ; but it might attempt to prevent their election, 
and, but for the provision we are considering, might succeed in em- 
barrassing legislation. 

§ 4. The places of choosing senators are left unalterably with 
the legislatures of the several States. As the senators are chosen 
by the legislatures of the several States, it is presumable that they 
will hardly be likely to take any course to put themselves to unne- 
cessary inconvenience. Congress has provided for the election of 
members of the House of Representatives by Congressional districts; 
and more recently they have exercised supervision to a limited ex- 
tent over the manner of electing senators. 



Part II.] powers or CONGRESS. 199 

2.— ELECTORS OF PRESIDENT AND VICE-PRESIDENT. 

§ 5. The States have the choosing of electors cf President and 
Vice-President ; but Congress has the power to determine the time 
when the electors shall be chosen. In 17 92, March 1, Congress 
passed an act requiring that the time for electing electors should be 
within thirty-four days preceding the first Wednesday in December 
of each year, when electors were to be appointed. Thus the States 
had a margin of over thirty days within which to hold their election 
of electors. 

§ 6. But Jan. 23, 1845, Congress passed an act specifying 
the day on which electors should be elected throughout the United 
States. That day is the Tuesday next after the first Monday in the 
month of November of the year in which they are to be chosen. 

§ 7. The time when the electors are to give their votes for Presi- 
dent and Vice-President shall be the same throughout the United 
States. By act of Congress, that day is the first Wednesday in 
December after their election. The place is left for the several 
State legislatures to designate ; and they generally direct it to be 
done at the State capitol. 

§ 8. The provisions of Congress fixing a day for the election of 
electors which shall be the same throughout the United States, as 
well as the clay on which the electors shall give their votes, has a 
tendency to prevent ' ' bargaining and selling, ' ' and the formation of 
political combinations to defeat the will of the people. 

S. -ACTS, RECORDS, JUDICIAL PROCEEDINGS. 

§ 9. When a judgment is rendered by any State court in proper 
form from which no appeal has been taken to any higher court within 
the time allowed for appeals, that judgment is conclusive ever after, 
between the parties to it, as to the matters in controversy. That 
judgment will be received in evidence when offered in any other 
court within the limits of the State within which it was rendered. 

§ 10. But, before the ratification of the Articles of Confederation, 
there was no uniformity of practice in regard to this subject as be- 
tween the different Colonies, or as between the different States. In 
the Articles of Confederation, there was a clause on the subject of the 



200 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

credit to be given by one State to the acts, records, &c, of otter 
States ; but no power was given to Congress to direct as to the 
method of proof in such cases, and the effect thereof. 

§11. The power to provide for the manner of proving the acts, 
records, and judicial proceedings of the several States is vested in 
Congress, though the faith and credit to be given between State and 
State is mandatory in the Constitution. Under this power, Congress 
has passed laws defining the manner in which they shall be authen- 
ticated, and the effect to be given to their authenticity. 

§ 12. A judgment obtained in a court of competent jurisdiction in 
one State is valid in every other State in the Union. As between 
nations foreign to each other, there is no uniform rule on the sub- 
ject; or, at most, a foreign judgment is only what the law calls 
primd-facie evidence in the case, not conclusive. In other words, 
the matter involved is re-examinable. 

§ 13. But, while the Constitution in another place requires that 
full faith and credit shall be given in this matter as between the 
States, endless embarrassment would ensue but for the exercise of 
this legislative authority by Congress over the State courts. 

§ 14. By act of May 26, 1790, Congress provided the mode by 
which records and judicial proceedings should be authenticated, and 
declared that they should have such faith given to them in every 
court within the United States as they had by law or usage in the 
courts of the State from whence the records were taken. 

4. — IMPOSTS AND DUTIES. 

§ 15. In another place, it will be seen that States are prohibited 
from laying any imposts or duties on imports or exports without the 
consent of Congress, except what may be necessary for the execution 
of their inspection-laws. If States should attempt to lay burden- 
some inspection-duties, Congress has the power to pass acts of revis- 
ion, and, in case it becomes necessary, to control the whole subject. 

§ 16. The subject of imposts and duties, we have seen, is exclu- 
sively under the control of Congress ; and, should a State attempt 
by some indirect method to lay duties or imposts, Congress has the 
higher right to control and revise its legislation. The State of 



Part II.] POWERS OF CONGRESS. 201 

Maryland passed a law in 1821, requiring all importers of goods, 
and other persons selling the same by wholesale, to take out a 
license costing fifty dollars. This was regarded as an indirect method 
of laying State duties, and was decided by the Supreme Court of the 
United States to be unconstitutional. 

ART. XII. — EXECUTIVE VACANCY. 

1. May by law provide for the case of removal, death, resigna- 

tion, or inability both of President and Vice-President. 

2. May by law declare what officer shall then act as Presi- 

dent, until, 

1st. Such disability be removed ; or, 
'Id. A President shall be elected. 57, 

§ 1. There was a strong feeling in the Constitutional Convention, 
during its earlier labors, against the proposition to have a Vice-Pres- 
ident of the United States. Until this proposition found favor 
among the members, the plan was that the President of the Senate 
should succeed the President of the United States in case of the 
death, resignation, or inability of the latter to perform the duties of 
his office. But the Vice-Presidency was finally accepted as a feature 
of the plan. 

§ 2. Congress, in the exercise of its power to provide for the va- 
cancy of the executive chair by the death, removal, or inability of 
both the President and Vice-President, has enacted that the Presi- 
dent pro tempore of the Senate, and, in case there shall be no 
President, then the Speaker of the House of Representatives, shall 
act as President until the disability be removed, or a President shall 
be elected. 

ART. XIII. — APPOINTMENTS. 

May by law vest the appointment of such inferior officers 
as they shall think proper, — 

1. In the President alone / 

2. In the courts of law ; or, 

3. In the heads of departments. 01* 

§ 1. This power of vesting appointments, it will be observed,, is 
restricted to inferior officers. But what are inferior offices or offi- 
cers ? The Constitution does not discriminate. Such as Congress 



202 ANALYSIS OE CIVIL GOVERNMENT. [Part II. 

sees fit to style inferior officers need not the sanction of the Execu- 
tive or the Senate to render then appointments valid. The heads 
of departments, it is generally conceded, are not of this class. 
They have the power over the appointments of the clerks in then' 
respective offices. But there is great danger that a corrupt favor- 
itism may be the result of the abuse of this power. It has long 
been used to punish and reward political opinion. To obtain an 
office, a man's political views must coincide with the appointing 
power. This is a flagrant abuse of official authority. 

§ 2. The Postmaster-Greneral wields a patronage, the estimate of 
which is most fearful if dispensed as a political bribe throughout 
the country. The question is too seldom asked, whether the appli- 
cant for a village post-office is honest, capable, and faithful to the 
Constitution ; but, on the contrary, his fitness for office, in thou- 
sands of instances, is tested by his fidelity to party. So extensive 
has been the practice of distributing official favors to political parti- 
sans during the last thirty years, that, with rare exceptions, a man's 
political sentiments could be inferred by the office he held. Public 
offices ought not to be distributed as rewards for political opinions. 

ART. XIV. — CONSTITUTIONAL AMENDMENTS. 

1. Shall propose amendments to the Constitution whenever 

two-thirds of both houses of Congress shall deem it 
necessary ; or, 

2. On application of the legislatures of two-thirds of the sev- 

eral States, Congress shall call a convention for propos- 
ing amendments. 

3. May prescribe either of two modes of ratifying the pro- 

posed amendments. 

1st. By State conventions ; or, 
2d. By the State legislatures. T§. 
§ 1. Congress has no power to alter or amend the Constitution ; 
but they can take the initiatory steps. They can submit proposi- 
tions to the States for this purpose, whenever, in the estimation of 
two-thirds of the members of both houses, amendments become ne- 
cessary. 

§ 2. No human government can be perfect ; and the Constitution 



Part II.] POWEBS OF CONGRESS. 203 

of the United States was but an experiment, which, in its original 
form, might not prove successful. It was wise, therefore, to make 
provisions in the instrument itself for its amendment. A Constitu- 
tion suited to the necessities of this generation may not be adapted to 
the wants of the next. But it was well to guard against the hasty 
adoption of amendments, without allowing sufficient experience under 
the original instrument to test the utility of its provisions. The 
powers of Congress over this subject are quite limited. The prop- 
osition for amendments may originate with Congress, or with the 
legislatures of two-thirds of the several States. When it originates 
with the States, instead of amendments being proposed by Congress, 
that body calls a convention to propose them. 

§ 3. Congress has the power of directing whether the proposed 
amendments (whatever way they originate) shall be ratified by 
State conventions or by State legislatures. Thus far, there have 
been adopted fourteen Articles of Amendments. These have all ori- 
ginated with Congress, and have been ratified by State legislatures. 
There is one clause of the Constitution unamendable except by the 
consent of the State interested, which reads thus : " No State, with- 
out its consent, shall be deprived of its equal suffrage in the Sen- 
ate." This is for the protection of the smaller States in the national 
councils. 

As Congress takes no part in the ratification of proposed amend- 
ments, that subject belongs in another place. (See Chap. IX., 
Art. I., Part II.) 

ART. XV. — SLAVERY. 

1. Shall have power to enforce the abolition of slavery by ap- 

p>ropriate legislation. ©8. 

2. While the foreign slave-trade was lawful (until 18C8), Con- 

gress had the power to impose a tax or duty, not exceed- 
ing ten dollar 'S, on each slave imported. 4:41. 

l.-ITS ABOLITION. 

§ 1. The Constitution as it came from the hands of its authors in 
1787, and as it was ratified by the people of the several States, rec- 
ognized slavery as a State institution. True, the word " slave," or 



204 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

' ' slavery, ' ' is not in the instrument. These words were carefully and 
intentionally omitted. In the thirteenth Article of Amendments, the 
word "slavery " appears for the first time in the Constitution; and 
that article abolishes the institution throughout the United States 
and their territories. 

§ 2. Section second of the thirteenth Article of Amendments 
gives Congress legislative authority over the subject. As four or 
five millions of men, women, and children, were suddenly transferred 
from slavery to freedom, it was presumed that national legislation 
would become necessary to protect them in their new condition. 
Congress has already exercised this power in the passage of several 
statutes on the subject. This matter will receive further attention 
in considering State prohibitions. 

2. -FOREIGN SLAVE-TRADE. 

§ 3. The provision of the Constitution relating to this subject 
reads as follows : — • 

" The migration or importation of such persons as any of the 
States now existing shall think proper to admit shall not be pro- 
hibited by the Congress prior to the year one thousand eight hun- 
dred and eight ; but a tax or duty may be imposed on such impor- 
tation, not exceeding ten dollars for each person." 

At the time of the formation of the Constitution, all the States 
held slaves, except one ; and the foreign slave-trade was lawful 
among all nations of the world. 

§ 4. At the time of the adoption of the Constitution, the general 
opinion prevailed that slavery would gradually diminish until it would 
become extinct in all the States. This opinion was based on the 
supposition that free labor would ultimately be found to be more 
profitable than slave labor, and that slaves would soon become val- 
ueless. At that time, it must be remembered, cotton was not the 
leading article of commerce which it has become during the present 
century. 

§ 5. At that time, the processes of separating the seed from the 
cotton, spinning the cotton into yarn, and weaving the yarn into 
cloth, were so slow and clumsy compared with the methods of doing 



Paet II.] POWEBS OF CONGBESS. 205 

the same things at the present day, that this article did not promise 
to become a leading fabric with which to clothe the world. But lit- 
tle cotton was worn, and that little was expensive. A vast expendi- 
ture of labor was required to convert it from the raw material into 
cloth. 

§ 6. But, near the close of the last century, three inventions, each 
contributing to the same end, produced a wonderful revolution in the 
mechanical processes of converting cotton into cloth. The cotton-gin 
by Eli Whitney of Connecticut, the spinning-jenny by Sir Richard 
Ark wright, and the power-loom by Edmund Cartwright, both of 
England, have accomplished this great change. By means of these 
inventions, the products of human industry in the manufacture of 
cotton goods have been multiplied more than a hundred-fold. 

§ 7. The facilities for the manufacture of cotton goods being thus 
multiplied, the goods were greatly reduced in price, the call for them 
in the markets of the world was proportionally extended, and, of 
course, the demand for the raw material was correspondingly in- 
creased. This demand increased the call for slave-labor, this call 
enhanced the price of slaves, and all combined advanced the slave- 
holding interests of the South. Of course, all these changes were 
unforeseen by the authors of the .Constitution. 

§ 8. Congress passed a law prohibiting the foreign slave-trade 
after the first day of January, 1808 ; imposing mild penalties of fine 
and imprisonment for its breach. But the slave-trade had become 
profitable, and the law was frequently disobeyed. In 1820, Con- 
gress passed a law making the foreign slave-trade piracy, punishable 
by death. In 1865, slavery was abolished by a Constitutional 
amendment, as has been stated. 

ART. XVI. — GENERAL LAW-MAKING. 

Shall have power to make all laws which shall be necessary 
and proper for carrying into execution the powers vested 
by the Constitution, — * 

1. In the government of the United States / or, 

2. In any department thereof ; or, 

3. In any officer thereof. 4L3. 



206 



ANALYSIS OF CIVIL GOVERNMENT. [Part II. 



§ 1. This general power to make laws, able commentators say, 
is merely a specification of what would have been implied even had 
this provision of the Constitution been omitted ; for the granting 
of any power implies consent on the part of the grantor, that the 
necessary means may be adopted to render that power effective. 
This reasoning, however, does not prove that this provision is mere 
surplusage ; for there were several powers granted in the Articles of 
Confederation, which, for want of others to render them effective, 
were but a mockery 

§ 2 As it is impossible to specify in the fundamental law of a 
nation all the powers which at some time it may be indispensably 
necessary to exercise for the common good, this provision seems to 
be among the wisest to be found in the Constitution. Had the 
attempt been made to enumerate affirmatively all laws necessary and 
proper which Congress might pass, it must have resulted in failure 
As Judge Story says, it would have rendered necessary "a com- 
plete digest of all laws on every subject to which the Constitution 
relates. It must have embraced all future as well as all present 
exigencies, and been accommodated to all times and all occasions, 
and all changes of situation and character." 

ART. XVII. — MEETING. 

1. Shall assemble at least once in every year ; which meeting 

shall be on the first Ifonday in December, unless, 

2. They shall appoint a different day. 16. 

§ 1. In England, the sovereign has the sole power to convene and 
dissolve the two houses of Parliament : he can call them to- 
gether at any time he sees fit. So the President of the United States 
can convene either or both houses of Congress on extraordinary occa- 
sions. But, if it should so happen that the President was essentially 
at variance with Congress, had he the power to prevent their meet- 
ing, he would be likely to exercise that power, and perhaps to the 
detriment of the nation. A bad President might prefer to have 
no Congress during his administration. In such case, there would 
be a practical demonstration of the necessity of this provision. 

§ 2. Again : it seems necessary that the Constitution should con- 



Part II.] process of law-making. 207 

tain some such provision, as, otherwise, the two houses might not 
agree in reference to the time of assembling. By this provision, if 
they can not agree on any other thne, they must meet the first Mon- 
day of December. The place of meeting is not designated, and 
probably for two reasons : first, the seat of the National Govern- 
ment had not been established at the time when the Constitution was 
formed ; and, second, war or pestilence might at times interfere with 
the meeting at any place that might be named in the Constitution. 



CHAPTER V. 

LAW-MAKING. 
ARTICLE I. — PROCEEDINGS. 

A bill may become a law through any one of the three following 
processes : — 

FIRST PROCESS. 

1. The bill shall pass both houses of Congress. 

2. It shall then be presented to the President. 

3. If he approve, he shall sign it. S Jr. 

SECOND PROCESS. 

1. The bill shall pass both houses of Congress. 

2. It shall then be presented to the President. 

3. If he disapprove it, he shall return it, with his objections, 

to that house in which it originated. 

4. That house shall enter objections at large on their journal. 

5 . They shall proceed to reconsider it; and if, after such recon- 

sideration, two-thirds of the house shall agree to pass it, 
G. It shall be sent, with the objections, to the other house. 

7. The other house shall reconsider the bill. 

8. If approved by two-thirds of that house, it shall become a law. 

9. The votes of both houses shall be determined by the yeas 

and nays in all such cases. 

10. The names of the persons voting for and against the bill 

shall be entered on the journal of each house respec- 
tively. S4. 



208 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

THIRD PROCESS. 

1. The bill shall pass both houses of Congress. 

2. It shall then be sent to the President. 

3. He neglects to approve and sign it. 

4. lie also neglects to return it to the house in which it origi- 

nated. 

5. It becomes a law at the end of ten days {Sundays ex- 

cepted), unless Congress, by adjournment within that 
time, prevents its return. 34. 

§ 1. A bill, as here used, is the draught of a proposed law. It 
may be introduced by any one of several methods. 
1st. It may be introduced, with the leave of the house, by any 

member. 
2d. It may be introduced by order of either house ; 
3d. On the report of a committee ; or, 

4th. It may be introduced by the report of a standing or select 
committee. 

§ 2. A standing committee is one that is appointed to continue 
during the session or term of the body from which it is chosen. To 
this committee is usually referred all that class of subjects which 
appropriately comes within its jurisdiction. Its name is usually 
suggestive of its business : as the Committee on Agriculture, Commit- 
tee on Finance, Committee on Military Affairs, Committee of Ways and 
Means, Judiciary Committee ; and so on. A subject may be present- 
ed, however, that does not appropriately belong to any standing 
committee. Such matter is usually referred to a committee appoint- 
ed expressly for this purpose, which is called a select committee. All 
deliberative and legislative bodies have their committees usually 
appointed by the presiding officer ; though they are not always so 
appointed : it is sometimes done by the assembly. 

§ 3. A bill in Congress must receive three several readings before 
it is put upon its final passage. No bill can be read more than oneo 
on the same day without the special permission of the house. Tho 
vote is taken on its third reading. The arguments for and against 
the bill, if any, are made before its third reading, or between its 
third reading and the taking of the vote. If the bill passes, it is 
signed by the presiding officer, and sent to the other house. If it 



Part II.] PROCESS OF LAW-MAKING. 209 

passes the other house, the presiding officer of that house signs it ; 
after which, it is sent to the President of the United States for his 
approval or disapproval. 

§ 4. At any time during the pendency of a bill, amendments to 
it may be proposed, and passed by either house. Either house may 
concur in or reject the amendments made to a bill by the other, or 
may reject the bill altogether. But, at any stage of the proceed- 
ings, amendments being attached to a bill in one house must be sent 
to the other for approval or disapproval. The President has no 
power to attach amendments. 

§ 5. The first process of law-making, as described in the Analysis, 
is the simplest ; only requiring that a bill shall pass both houses of 
Congress, and receive the signature of the President. In such 
cases, only a numerical majority of each house is necessary. The 
bill may pass either or both houses without the formality of taking 
the yeas and nays, unless they shall be called for by one-fifth of the 
members present. 

§ 6. The second process of law-making is the one in which the 
President's veto, as it is commonly called, is interposed. To become 
a law in opposition to the President's objections, more formality is 
required than in the first process of law-making; and, instead of 
merely a numerical majority of each house, it requires a two-third 
majority, after his veto, to pass the bill. The voting must be done in 
the second process by yeas and nays, even though one-fifth of the 
members do not call for them ; and the names of persons voting 
for and against the bill must be recorded. These requirements are 
not matters of legislative discretion, but of Constitutional provision, 
and therefore imperative. 

§ 7. The word veto is borrowed from the Latin language, and 
signifies, I forbid. The President's negative on the bills passed 
by Congress is called his veto. As we have already seen, his 
veto is qualified, not absolute. The sovereign of Great Britain has 
an absolute negative on the bills of Parliament, thouo-h he has not 
exorcised it for nearly two hundred years. 

§ 8. There was an earnest effort in the Constitutional Convention, 
on the part of some of the leading members, to vest in the Executive 
u 



210 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

an unqualified negative, or veto, on all bills passed by Congress. 
Some of the most illustrious names in that illustrious body gave up 
this proposition with great reluctance. But for Dr. Franklin's op- 
position, perhaps it would have been carried. He said he had had 
some experience of this check on the Executive in the legislature of 
Pennsylvania. The negative of the governor was constantly made 
use of to extort money. No good law whatever could be passed 
without a private bargain with him. 

§ 9. An increase of his salary, or some donation, was always made 
a condition ; till at last it became the regular practice to have orders 
in his favor, on the treasury, presented along with the bills to be 
signed, so that he might actually receive the former before he should 
sign the latter. It was held by the opponents of the absolute nega- 
tive to be dangerous in the extreme to allow one man to check the 
will of the whole. No one man could be found so far above all the 
rest in wisdom as to render it safe to clothe him with such august 
power. The Constitutional provision as it now stands passed the 
Convention by the vote of eight States against two, — afterwards 
unanimously. 

§ 10. This executive power, on the other hand, may operate as a 
salutary check on hasty legislation. Factious, precipitate, and even 
unconstitutional legislation, arising from temporary excitement and 
party zeal, might disgrace the halls of Congress. The Executive, not 
having participated in the rivalry of debate, and being quietly 
retired from the scenes of political strife, may be presumed to be 
batter qualified to pronounce correct judgment than those who were 
active in the contest. 

§11. The third process of law-making differs from the first and 
second only with regard to the action, or rather Enaction, of the 
President. He simply neglects to sign the bill within ten days, 
Sundays excepted, after receiving it. In such case, it becomes a 
law if Congress remains in session during that period ; but, if 
Congress adjourns before the expiration of that time, the law is 
defeated. This last provision is for the purpose of taking it out of 
the power of Congress to give validity to their acts merely by 
adjournment. 



Part II.] pkohibitions on the u. s. 211 

ART. II.— ORDERS, RESOLUTIONS, AND VOTES. 

Every order, resolution, or vote, to which the concurrence 
of the Senate and House of Representatives may be neces- 
sary, except on a question of adjournment, 

1. Shall be presented to the President of the United States. 

2. It shall be approved by him before the same shall 

take effect ; or, being disapproved by him, 

3. It shall be passed by the two houses of Congress, by 

two-thirds of each, according to the rules and limi- 
tations prescribed in case of a bill. S5. 
"Were it not for this provision, Congress might exert their power 
in the form of orders, resolutions, or votes ; thus preventing the 
President from interposing his veto. They could thus substantially 
legislate in these forms -without the sanction of the Executive, and 
without the necessity of a two-third majority of each house. As it 
now stands, the President has the same power of disapproval of an 
order, resolution, or vote, that he has to negative an act passed in 
the ordinary forms of legislation ; and, if he disapproves them by 
the interposition of his veto, they must be re-passed by the yeas and 
nays, and by the same formalities as required in the second process 
for the passage of a bill. 



CHAPTER VI. 

PROHIBITIONS ON THE UNITED STATES. 

ARTICLE I. — HABEAS CORPUS. 

The privilege of the writ of habeas corpus shall not be sus- 
pended unless when the public safety may require it. 

1. In cases of rebellion. 

2. In cases of invasion. 4*). 

§ 1. In legal parlance, a writ is an instrument in writing, under 
seal, issued by authority of the king, president, governor, judge, or 
other magistrate, directed to a public officer or a private individual, 
commanding him to do or not to do some particular thing therein 
specified, over which the officer issuing it has jurisdiction. 



212 



ANALYSIS OF CIVIL GOVEBNMENT. [Pakt II. 



§ 2. It sometimes happens in the administration of law and gov- 
ernment that a person is wrongfully imprisoned, or restrained of his 
liberty, before trial and final sentence by a court of competent juris- 
diction. Sometimes, also, persons may be wrongfully restrained of 
their liberty without even so much as the forms of law ; as by im- 
properly holding a child in custody, or locking a person in a room. 
More usually, however, it is done by a perversion of the forms of 
law. 

§ 3. The remedy in such cases is by a writ of habeas corpus, as 
it is called ; taking its name from the command in the writ to pro- 
duce the body of some person named therein, who, it is alleged, is 
illegally restrained of his liberty. Habeas corpus signifies, " have 
you the body" The proceedings in such cases are substantially in 
this manner : — 

For instance, William Jackson is imprisoned in Monroe-county 
jail, New York. 

1st. He, or some person in his behalf, makes affidavit that he is 
wrongfully restrained of his liberty in the jail aforesaid by 
some person, say John Brown, the jailer. 
2d. This affiiavit is made before a court of competent jurisdiction, 

and a writ of habeas corpus is asked of the court. 
3d. The writ is issued, of course, commanding John Brown to 
bring the body of William Jackson before the court on a day 
mentioned in the writ, and to make return on the writ why 
he, Brown, holds Jackson in custody or under restraint. 
4th. The writ is served by some competent officer by reading it to 

Brown, and giving him a certified copy if requested. 
5th. On the day named in the writ for its return, Brown appears in 
court with Jackson, and Brown shows the court by docu- 
mentary or other legal proofs his right to the custody of 
Jackson. 
6th. If the reasons for holding the prisoner are deemed legally in- 
sufficient by the court, the prisoner is set at liberty : if, on 
the other hand, they are regarded as valid, the prisoner is 
remanded back to prison. 
7th. This proceeding under a writ of habeas corpus does not de- 



Part II.] prohibitions on the u. s. 



213 



tennine the guilt or innocence of the prisoner, but simply 
whether he is rightfully or wrongfully restrained of his liberty 
at the time of inquiry. Excessive bail may have been required 
of him, and he may have been unable to procure it, though 
he might have offered a reasonable sum. The papers on which 
he was committed may be void for want of proper form, or 
they may be defective in substance. A man may be guilty, 
yet illegally imprisoned. 
§ 4. Every American citizen, if restrained of his liberty before con- 
viction, has the right to avail himself of the advantages of proceed- 
ing by habeas corpus to ascertain the legality of his imprisonment. 
The only exceptions to this rule are, 1st, when the privilege of 
the writ is suspended by proper authority in a time of insurrection or 
invasion ; 2d, when a person has been committed for contempt of 
court ; and, 3d, when the imprisonment is by order of a court hav- 
ing exclusive jurisdiction of the subject-matter involved in the 
case. 

§ 5. In cases of rebellion or invasion, it may be necessary to 
temporarily suspend the privilege of this writ. Rebellion here 
means an uprising of the citizens of a country against its authority. 
The suspension of the privilege of this writ was vested by Congress 
in the President of the United States during the Great Rebellion 
from 1861 to 1865. Invasion, as used in the Constitution, means 
attack on the United States by a foreign power. 

ART. II. — DIRECT TAXES. 

No capitation or other direct tax shall be laid unless in 
proportion to the census. «5 ? 47. 

Note. — The subject of taxation is discussed quite fully in treating of 
the powers of Congress, and need not be repeated here- 

ART. III.— EXPORT DUTIES. 

No tax or duty shall be laid on articles exported from any 
State. 48. 

The intention of this prohibition is to prevent taxing the interests 
of any State to its detriment, and giving undue advantages to others. 



214 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

The productions of some of the States are very different from those 
of others ; and, were export duties allowed to be enforced, the bur- 
dens of taxation would be very unequal. The staple production of 
some States is cotton; of others, rice; of others, tobacco; of 
others, sugar ; and of others, articles of manufacture which are used 
chiefly for home consumption. Some States are interested in the 
coast fisheries, others in whaling, and still others in navigation and 
commerce. It would be impossible to so adjust export duties, were 
they allowed, as to, distribute the burdens equally. 

ART. IV. — INTERSTATE COMMERCE. 

1. No preference shall be given by any regulation of com- 

merce or revenue to the ports of one State over another. 

2. Nor shall vessels bound to or from one State be obliged to 

enter, clear, or pay duties in another. 48. 
Although Congress is invested with power to regulate commerce 
among the States, yet that power is coupled with these prohibitions : 
No preference shall be given to the ports of one State over another ; 
nor shall entrance or clearance fees, or the payment of duties, be 
required in an intermediate State while vessels are passing from 
one State to another. A vessel bound to Philadelphia from Liver- 
pool, in passing Boston or New York, can not be compelled to enter, 
clear, or pay duties in either of the last two ports named. The 
duties must be paid in Philadelphia, the port to which the vessel is 
bound. 

ART. V.— PUBLIC MONEY. 

1. No money shall be drawn from the treasury but in con- 

sequence of appropriations made by law. 

2. A regular statement and account of the receipts and ex- 

penditures of all public money shall be published from 
time to time. 49. 

3. No appropriation of money to raise and support armies 

shall be for a longer term than two years. 37. 
§ 1. The Congress of the United States is made not only the 
guardian of the public interests generally, but of the public treasury 
in particular. Even when it is settled by judicial decision that a 



Part II.] PROHIBITIONS ON THE U. S. 215 

specific sum is due to a creditor, the money can not be drawn there- 
for until Congress shall have passed upon the validity of the claim, 
and ordered an appropriation. The whole mattter is subject to the 
critical review and decision of Congress. The object of this provis- 
ion is to secure strict faithfulness in tbe public expenditures. Neither 
the executive, nor the judiciary, nor the heads of departments, nor 
the officers of the army or navy, nor even members of Congress 
themselves, can draw a dollar of the public money except by appro- 
priations made by law. 

§ 2. The requirement that a regular account and statement of the 
receipts and expenditures of the public money shall be published 
from time to time puts a most salutary check on the possible pro- 
fusion and extravagance of the National Legislature. The people 
have the right to know how, and for what purposes, their money is 
expended. The heads of the departments must make an annual 
exhibit of their transactions respectively. 

§ 3. The fear that the army might possibly become a power too 
formidable to be consistent with the rights and liberties of the 
people led to this Constitutional limitation of army appropriations. 
It is necessary to raise and support armies even in time of peace ; 
but not a dollar can be appropriated for this purpose without the 
sanction of Congress. And, lest Congress may be extravagant in 
this direction, they are forbidden to make appropriations extending 
beyond the period of two years. A Congress lasts for but two 
years ; and, should they be profuse in their appropriations of army 
money, the people will be likely to correct the error in their election 
of the succeeding Congress. 

ART. VI. — NOBILITY. 

N~o title of nobility shall be granted by the United States. «>©• 
The government instituted in this country at the close of the 
Revolutionary War, and which took definite shape in the Constitu- 
tion of the United States, was intended to be characterized for 
republican simplicity. The theory of our institutions is, all citizens 
are equal before the law. Orders of nobility are forbidden, in 
accordance with this theory. Alexander Hamilton says, " This may 



216 ANALYSIS OF CIVIL GOVERNMENT. [Part. II. 

truly be denominated the corner-stone of republican government ; for, 
so long as titles of nobility are excluded, there can never be serious 
danger that the government will be any other than that of the 
people." 

ART. YII. — PENALTIES. 

1 . JVo bill of attainder shall be passed. 

2. JVo ex post facto law shall be j)assed. 46. 

3. JVo attainder of treason shall icork, 

1st. Corruption of blood ; nor, 

2d. Forfeiture, except during the life of the person at- 
tainted. TO. 

§ 1. A bill of attainder, which is here forbidden, is a phrase 
borrowed from England. It is a special act of the legislative body, 
inflicting capital punishment on a person for high crimes, without 
having been first convicted before a judicial tribunal. A person 
against whom such an act is passed is rendered infamous, and is 
said to be attainted, or stained and disgraced. The person so 
attainted forfeited all his property, real and personal, to the Crown ; 
and, by operation of law, his blood became so corrupted, that he 
could neither inherit any thing from his ancestry, nor transmit by 
hereditary descent to his heirs, lineal or collateral. 

§ 2. An act of the legislature convicting a person of any crime, 
and inflicting any punishment short of death, is called a bill of pains 
and penalties. 

The Constitution of the United States humanely forbids the pas- 
sage of any bill of attainder. 

§ 3. An ex post facto law is one that is retro-active, or which 
makes an act criminal which was not so when committed. It has 
to do entirely with past transactions, and of a criminal nature. The 
Supreme Court of the United States has defined an ex post facto 
law to be one "which renders an act punishable in a manner in 
which it was not punishable when it was committed." For instance, 
from 1808 to 1820, the foreign slave-trade was punishable by fine 
and imprisonment. After 1820, it was punishable by death. Had 
the law of 1820 punished the infractions of the law which were 



Part EL] PROHIBITIONS ON THE U. S. 217 

committed in 1818 with death, it would have been an ex post facto 
law. Laws which mitigate the punishment, however, are not regard- 
ed as ex post facto; for they are in favor of the accused. 

§ 4. It would be grossly and manifestly unjust, as well as unpar- 
donably cruel, to visit a crime with a severer penalty than was 
attached to it at the time of its commission ; yet laws of this kind 
have been passed in some of the European States. 

§ 5. Treason is denned by the Constitution, and its punishment 
is left with Congress to provide for ; but, whatever penalty may be 
attached to this crime, "no attainder of treason shall work corrup- 
tion of blood, or forfeiture, except during the life of the person 
attainted." The crime of treason in England — that country from 
which we have largely borrowed many features of our institutions — 
was punishable by death in the most horrid and revolting forms. 
Not only so, but the criminal's blood became so corrupted by fiction 
of law, that all powers of transmission were destroyed. His lineal 
and collateral kindred were compelled to suffer for his offenses. 

§ 6. Our Constitution is more consonant with justice and human- 
ity, in that it takes it out of the power of Congress to punish the 
innocent for the crimes of the guilty. In affirmance of this Consti- 
tutional provision forbidding the working of corruption of blood 
and of forfeiture, except during the life of the person attainted, 
Congress has by law declared that " no conviction or judgment for 
any capital or other offenses shall work corruption of blood, or any 
forfeiture of estate." 

ART. YIII. — FOREIGN SLAVE-TRADE, 

The importation of slaves icas not to be prohibited, 

1. By Congress, prior' to 1808 (44) ; nor, 

2. By any amendment to the Constitution prior to that 

time. 78. 
§ 1. Slavery has existed in every age of the world, not merely 
among the barbarous and savage nations, but among the most 
refined, civilized, and even Christian nations. Captives in war were 
sold as slaves, and were regarded and treated as property. This 
was considered as a favor to the captive, as his doom was slavery or 
death. If the captor saved the captive's life, this was viewed as a 



218 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

mercy to the prisoner ; for which he was to be reduced to perpetual 
servitude. 

§ 2. It was but a slight remove from slavery to the slave-trade. 
The strong and powerful soon came to regard it as their right to 
prey on the weak and defenseless. Among the ancients, slavery 
finally became a regular branch of commerce. Even in modern 
times and between Christian nations, treaties have been formed for 
the purpose of facilitating commerce in this species of property. 

§ 3. But, towards the close of the eighteenth century, the slave- 
trade began to excite a spirit of disapprobation ; and the conviction 
fastened itself on the consciences of men, that this traffic in human 
beings was repugnant to the principles of Christian obligation. 
Many of the great and good men who formed the Constitution of 
the United States shared in this conviction. In that Convention, 
the foundation was laid to put a final stop to this outrage on the 
rights of humanity, by vesting in Congress the power to prohibit 
the traffic by citizens of the Uuited States after 1807. Although 
the provision is expressed in negative terms, that Congress shall not 
prohibit the practice prior to that time, yet, in legal parlance, it has 
all the effect of an affirmation that Congress may prohibit it after 
that time. 

§ 4. Before the Declaration of Independence, as early as August, 
1774, Virginia and North Carolina had resolved by their legislative 
assemblies to discontinue the importation of slaves. The first Con- 
tinental Congress passed a similar resolution, which was to take effect 
from and after the first day of December of the same year. 

§ 5. After the adoption of the Constitution, March 22, 1794, and 
May 10, 1800, acts were passed by Congress prohibiting the citizens 
of the United States, and residents within them, from engaging in 
the transportation of slaves from the United States to any foreign 
place or country, or from one foreign place or country to another, 
for the purposes of traffic. It will be observed that these acts pro- 
hibited our citizens from all participation in the foreign slave-trade 
except by direct importation into the United States. Thus Con- 
gress did all they possibly could under the Constitution at that time 
to interdict this inhuman traffic. 



Part II.] PROHIBITIONS ON THE TJ. S. 219 

§ 6. By act of March 2, 1807, Congress prohibited, under severe 
penalties, the importation of slaves into the United States from and 
after Jan. 1, 1808. By another act, passed April 20, 1818, the 
penalties of the act of March 2, 1807, were increased in severity. 
Another act was passed March 3, 1819, authorizing national armed 
vessels to be sent to the coast of Africa to prevent citizens or resi- 
dents of the United States from engaging in the slave-trade. This 
act authorized the seizure and confiscation of any vessels found 
engaged in this business. Another act of Congress, passed May 
15, 1820, made the foreign slave-trade piracy, and punishable by 
death. 

§ 7. The reader should bear in mind that these various acts of 
Congress have nothing to do with the slave-trade as between the 
several States. That matter was regulated by the States themselves, 
and some of them passed laws on this subject. They did this be- 
fore the final abolition of slavery, which was done by amendment 
of the Constitution of the United States in 1865. 

§ 8. A few words may not be out of place here in reference to 
the progress of other nations on this subject. The following facts 
are gathered from one of the lectures of the late Chancellor Kent 
on the law of nations. The first British statute that declares the 
slave-trade unlawful was passed in March, 1807. This was a great 
triumph of British justice. Afterwards, by act of Parliament, 
March 31, 1824, the slave-trade was declared to be piracy. 

§ 9. Almost every maritime nation in Europe has deliberately 
and solemnly, either by legislative acts or by treaties and other for- 
mal engagements, acknowledged the injustice and inhumanity of the 
trade, and pledged itself to promote its abolition. 

§ 10. By treaty between Great Britain and France, May 30, 
1814, Louis XVIII. agreed that the traffic was repugnant to the 
principles of natural justice ; and he engaged to add his efforts at 
the ensuing Congress to induce all the powers of Christendom to 
decree the abolition of the trade, and that, on the part of the French 
Government, it should definitely cease in the course of five years. 

§ 11. The ministers of the eight principal European powers who 
met in Congress at Vienna, Feb. 8, 1815, solemnly declared, in the 



220 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

race of Europe and the world, that the African slave-trade had 
been regarded by just and enlightened men in all ages as repugnant 
to the principles of humanity and of universal morality ; that the 
public voice in all civilized countries demanded that it should be 
suppressed ; and that the universal abolition of it was conformable 
to the spirit of the age and the generous principles of the allied 
powers. In March, 1815, the Emperor Napoleon decreed that the 
slave-trade should be abolished; and in July of the same year, 
after Napoleon's downfall, Louis XVIII. gave directions tha'j this 
odious and wicked traffic should from that time cease. 

§ 12. Denmark, in 1792, abolished the foreign slave-trade, and 
the importation of slaves into her colonies, to take effect in 1804. 
In December, 1817, Spain prohibited the purchase of slaves on any 
part of the coast of Africa after May 31, 1820. In January, 
1818, Portugal made the like prohibition as to the purchase of 
slaves on any part of the coast of Africa north of the equator. 

§ 13. In 1821, there was not a flag of any European State 
which could legally cover this traffic to the north of the equator ; 
and yet, in 1825, the importation of slaves covertly continued, if it 
was not openly countenanced, from the Kio de la Plata to the Ama- 
zon, and through the whole American archipelago. 

§ 14. By a convention between England and Brazil in 1826, it 
was made piratical for the subjects of Brazil to be engaged in the 
slave-trade after the year 1830. In the treaty of Sept. 10, 1822, 
between Great Britain and the Imaun of Muscat, the latter agreed 
to abolish the slave-trade for ever in his dominions. By the treaty 
of the 23d of October, 1817, between Great Britain and the 
King of Madagascar, it was agreed that there should be throughout 
the dominions of the latter an entire cessation of the sale or trans- 
fer of slaves. 

§ 15. These treaty stipulations have not, in all instances, been 
faithfully kept ; nor have the laws passed by the nations of Eu- 
rope and America, interdicting this traffic, in all cases been suc- 
cessfully enforced : but they demonstrate the moral sense of the 
nations of Christendom on the subject. 

§ 16. The provision prohibiting any amendment to the Constitu- 



Part II.] PROHIBITIONS ON THE u. S. 221 

tion of the United States, which should forbid the importation of 
slaves before 1808, was one of the results of a compromise of this 
whole matter of slavery. It was feared by those States that had a 
large commercial interest in the foreign slave-trade, that, although 
Congress was forbidden to intermeddle with the subject before 1808, 
some amendment to the Constitution might be adopted to their preju- 
dice unless forbidden. To allay that fear, this prohibition was in- 
serted. 

ART. IX. — REPUDIATION. 

1. Nothing in the Constitution shall be construed so as to 

prejudice any claim, 

1st. Of the United States ; nor, 
2d. Of any particular States. 76. 

2. All debts, contracts, and engagements, entered into before 

the adoption of the Constitution, shall be as valid 
against the United States under the Constitution as 
under the Confederation. 79. 
§ 1. Although these two clauses refer each to a different class of 
subjects, the spirit of them is the same. They are intended to give 
an assurance to the people who are asked to adopt the new Consti- 
tution, that good faith shall be observed on the part of the proposed 
new government in all matters relating to the vested rights of States 
as well as of individuals, and also of the United States. As the 
government was about to undergo a great change, it was proper to 
incorporate these provisions into the fundamental law of the land, 
so as to quiet all fear that repudiation in some form might be at- 
tempted. 

§ 2. The first of these provisions relates to conflicting claims and 
unsettled titles to some parts of the Western territory. That sub- 
ject has been considered in Art. X., Chap. IV., Part II., in treat- 
ing of the powers of Congress over territory, and more particularly 
with reference to new States, and their admission into the Union. 
The intention of this clause is to give assurance that the adoption 
of the Constitution shall in no way affect the validity of any claims 
to these lands, but that the rights of parties interested shall be the 
same as they were under the Confederation. 



222 



ANALYSIS OF CIVIL GOVERNMENT. [Part II. 



§ 3. The second clause, referring to debts, contracts, and engage- 
ments made by the United States under the Confederation, is in- 
tended to give assurance to the creditors of the proposed new 
government that all just claims against the Confederation will be 
recognized and liquidated under the Constitution. Judge Story 
says that this can scarcely be deemed more than a solemn declara- 
tion of what the public law of nations recognizes as a moral obliga- 
tion, binding on all nations, notwithstanding any changes in their 
forms of government. 



ART. X. — FREEDOM. 

1. Civil. 

1st. Congress shall make no law abridging, 
1st. The freedom of speech ; nor, 
2d. The freedom of the press ; nor, 
3d. The right of the people peaceably to assemble 
and petition the government for a redress 
of grievances. 83 . 
2d. The right of the people to keep and bear arms shall 
not be infringed. 84. 

2. Religious. 

1st. No religious test shall ever be required as a quali- 
fication to any public office or trust under the 
United States. 81. 
2d. Congress shall make no law, 

1st. Respecting an establishment of religion ; or, 
2d. Prohibiting the free exercise thereof 83. 
§ 1. The subjects of this article are, freedom of speech, free- 
dom of the press, freedom of petition, freedom to bear arms, and 
freedom of religious sentiment. These are among the most sacred 
rights of human society ; and Congress is strictly forbidden to inter- 
fere with them. But one of these rights, that relating to a religious 
test as a qualification to office, is in the Constitution as at first 
adopted. The others are in the amendments. 

§ 2. When the Constitution was before the people, objections 
were made to it on the ground that it did not contain any formal 



PakT II.] PROHIBITIONS ON THE U. S. 223 

and distinctive bill of rights. Several of the State Conventions 
that ratified it suggested certain amendments that should make defi- 
nite acknowledgment of the rights of the people, which were not 
specified in that document. These proposed amendments were com- 
mended to the attention of Congress, and most of them have since 
been adopted. Among the number are those specified in this 
article. 

§ 3. Some of these amendments are negative in form, and others 
affirmative. Those under consideration are such as relate to the 
individual rights of the citizen, civil and religious, with which the 
government is forbidden to interfere. They are prohibitions on 
the United States, relating to personal freedom. 

§ 4. Freedom of speech, with which Congress is prohibited from 
interfering, does not mean to shield the citizen from legal responsi- 
bility for what he may utter. True, a man may say what he 
pleases ; but he is responsible for the abuse of this liberty. He has 
no right to slander the reputation of another. Private reputation is 
a subject of protection by the laws of the land. You may slander 
a man in various ways, notwithstanding this liberty of speech. If 
you charge him with the commission of a crime which is indictable, 
and which would subject him, if true, to infamous punishment, this 
is slander. Charging a man with a breach of public trust is slan- 
der. A man can be slandered in reference to his trade or business 
by declaring him to be incompetent, or by saying of a merchant, for 
instance, that he is in failing circumstances, when he is not. 

§ 5. A slander becomes a libel when communicated by pictures 
or signs, or writing, printing, or painting. It is then calculated to 
make a deeper impression, may have a wider circulation, and is the 
more aggravating, because it may be presumed to be done with full 
deliberation. A matter may be libelous if written or printed, 
which, legally, would not be slanderous if spoken. Expressions 
which hold a man up to ridicule, or tend to degrade him in the 
esteem of society, are libelous if written or printed. Freedom of 
the press, referred to in this article, does not exonerate a man from 
legal responsibility when he abuses that freedom. Libel is an 
indictable offense, and may be punished criminally. Slander is not 



224 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

indictable ; but the author of it may be prosecuted for private 
damages by the injured party. 

§ 6. We are not to infer, because Congress is forbidden to inter- 
fere with the freedom of the press, that the press can do no wrong 
is above the reach of law, and that it is a shield for every abuse. A 
writer may publish what he pleases; but, if he publishes that which 
is mischievous or illegal, he is responsible for the publication. 

§ 7. The right of the people to meet in peaceable assemblage, 
and to petition the government for a redress of grievances, shall not 
be infringed. In despotic governments, the people are sometimes 
denied this right, under the pretense that the assemblies are con- 
spiring against the welfare of the government, and are insurrection- 
ary and riotous in their aims. It is the inestimable birthright of 
every American citizen to petition the government against the inflic- 
tion of wrong and injustice. 

§ 8. The right of the people to keep and bear arms, with which 
the General Government is herein prohibited from interfering, refers 
to an organization of the militia of the States. There have been 
fears expressed, that the liberty of the people might be destroyed 
by the perverted power of a formidable standing army. But here 
is the check to any such danger. The militia, that might be called 
out at any time on a month's notice, would outnumber, twenty to 
one, any standing army in time of peace that will ever be tolerated 
in the United States. Large standing armies might indeed be dan- 
gerous in a republican government, but for a much stronger force 
distributed throughout the ranks of the people. 

§ 9. A man's religious views are not to be questioned when 
appointed or elected to any office under the Government of the 
United States. This, it must be remembered, does not apply to 
State officers. In some of the States, religious tests have been 
applied ; but the Constitution of the United States wisely prohibits 
inquiry into the religious sentiments of any man, preliminary to his 
induction into office. Were it otherwise, the political would soon be 
merged in the ecclesiastical questions of the day ; and, ultimately, 
Church and State might become united. This clause prohibiting re- 
ligious tests for office is the only place in which the word "religious " 



Part II.] RELATING TO OFFICERS. 225 

occurs in the Constitution. It was introduced for the purpose of 
effectually silencing all attempts at an alliance of Church and State 
in the National Government. 

§ 10. In the very first Article of Amendments to the Constitution, 
Congress is prohibited from making any law respecting an establish- 
ment of religion, or from interfering with its free exercise. Con- 
gress is not allowed in any way to intermeddle with the religious 
institutions of the country. Our fathers felt extreme dread of 
every thing in the line of religious establishments of State. They 
felt that religion was chiefly a matter of personal concern between 
the individual and his Maker. They were familiar with the history 
of religious intolerance in those European States where the ecclesi- 
astical power had become superior to the civil. They were well 
satisfied that the interests of a pure and holy religion demand no 
alliance with the civil power. Many of the authors of the Consti- 
tution were themselves men of strong religious convictions ; so that 
we are not to attribute the clauses on this subject, either in the Con- 
stitution or its amendments, as arising from indifference or hostility 
to the interests of religion. 

o 

§ 11. Judge Story says, " It was also obvious, from the numer- 
ous and powerful sects existing in the United States, that there 
would be perpetual temptations to struggles for ascendency in the 
national councils, if any one might thereby hope to found a perma- 
nent and exclusive national establishment of its own ; and religious 
persecutions might thus be introduced to an extent utterly subver- 
sive of the true interests and good order of the Kepublic. The most 
effectual mode of suppressing the evil, in the view of the people, 
was to strike down the temptation to its introduction." 



CHAPTER VII. 

RELATING TO OFFICERS. 

ART. I. — INELIGIBILITY. 

United-States Officers. — JYb person holding any office 
of trust or profit under the United States shall, 

15 



226 ANALYSIS OF CIVIL GOVEKNMENT. [Part II. 

1st. Be appointed an elector of President and Vice- 
President, «I4 5 nor, 
2d. Be a member of either house of Congress during 
his continuance in office. 22. 
2. Congressmen. — JVb senator or representative shall, 

1st. Be appointed an elector of President and Vice- 
President, 54 5 nor, 
2d. During the time for which he was elected, be ap- 
pointed to any civil office under the United States, 
1st. Which shall have been created during 

such time ; nor, 
2d. The emoluments of which have been in- 
creased during such time. 22. 
§ 1. The object of the foregoing provision, which excludes per- 
sons who hold any office under the General Government from being 
appointed electors of President and Vice-President of the United 
States, was to prevent combinations and intrigues between pre-exist- 
ing officials and the candidates for the two highest offices in the gift 
of the people. This clause requires that the electors shall come 
direct and fresh from the people, untrammeled by existing official 
relations. 

§ 2. The clause forbidding membership of either house to officers 
under the General Government has been noticed in treating of the 
eligibility of senators and representatives, and need not be discussed 
here. 

§ 3. Senators and representatives, although not officers of the 
United States, are excluded from being electors of President and 
Vice-President. The same reasons, however, why United-States 
officers should not be electors, bear with increased force against 
members of Congress assuming that trust. (See Executive Depart- 
ment.) 

§ 4. The Constitution forbids the appointment of members of 
Congress to any civil offices created, or the emoluments whereof have 
been increased, during the terms for which such members were elect- 
ed. The object of these provisions is apparent. It is to forbid the 



Part II.] relating to officers. 227 

creation of offices with tempting salaries, or the increase of the sala- 
ries of offices already in existence, with the design of obtaining those 
salaries on the part of those who should assist in creating or increas- 
ing them. (See appendix to Analysis D.) 

ART. II. — FOREIGN PATRONAGE. 

No person holding any office under the Government of the 
United States shall, without the consent of Congress, accept 
of any present, emolument, office, or title, of any hind ichat- 
ever, from any hing, prince, or foreign State. 50, 

§ 1. According to the theory of our government, American citi- 
zenship confers equality. Democracy abhors titular distinctions. 
The chief purpose of this clause is to forbid the acceptance of these 
distinctions and bribes, in whatever form they may be tendered by 
foreign powers, which, if received by an officer under our govern- 
ment, might seduce him from the faithful discharge of duty to his 
own country. 

§ 2. A private citizen, it will be observed, does not come under 
this prohibition ; nor does an officer under any State government. 
It is, perhaps, to be regretted that this prohibition was not extended 
farther, so as to include all American citizens. Were a costly pres- 
ent to be made by the Emperor of France or the Queen of England 
to the President of the United States, he would not be at liberty to 
accept it on his own account, though he might in behalf of the 
people, and have it preserved in the archives of the nation, as it 
might seem rude to decline it. 

ART. III. — THE PRESIDENT. 

1. The compensation for the services of the President of the 

United States shall neither be increased nor diminished 
during the period for lohich he shall have been elected. 

2. He shall not receive within that period any other emolu- 

ment from the United States, or any State. ^8» 
This article will receive attention when we come to the discussion 
of the Executive Department. 



228 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

ART. IV. — IMPEACHMENT. 

1. The President, Vice-President, and all civil officers of the 

United States, shall be removed from office on impeach- 
ment for and conviction of treason, bribery, or other 
high crimes or misdemeanors. @4:. 

2. Judgment in cases of impeachment shall not extend fur- 

ther than, 

1st. To removal from office ; and, 
2d. Disqualification to hold and enjoy any office of 
honor, trust, or profit under the United States. 

3. The party convicted shall nevertheless be liable and subject 

to indictment, trial, judgment, and punishment according 

to law. 14. 
The subject of impeachment has been fully presented in the first 
and second chapters of Part II. of this work. It will be found in 
Art. IX. of Chap. I., and Art. X., Chap. II. 

CHAPTER VIII. 

RIGHTS OF STATES. 

ARTICLE I. — REPRESENTATION. 

1. Each State shall have at least one representative. «J. 

2. JVo amendment shall be made to the Constitution depriv- 

ing any State, without its consent, of its equal suffrage 
in the Senate. If 8. 

§ 1. The first paragraph of this article is one of the clauses of 
the fifth paragraph of the Constitution, as it is numbered for con- 
venience of reference. With the clause with which it stands in 
connection, it reads thus: "The number of representatives shall 
not exceed one for every thirty .thousand ; but each State shall have 
at least one representative." It is not here declared that there shall 
be one representative for every thirty thousand, but that the pro- 
portion shall not exceed that. 

§ 2. At the taking of the first census, in 1790, it was ascertained 
that the State having the least number of inhabitants, Delaware, 



Part II.] EIGHTS OF STATES. • 229 

contained over fifty-nine thousand. In 1860, the population of that 
State was a little over a hundred and twelve thousand ; not enough, 
however, to give it one representative, were it not for this clause, 
which says that " each State shall have at least one representative ; " 
for in 1860 the ratio of representation was fixed at one member for 
127,316 inhabitants. 

§ 3. The authors of the Constitution foresaw that the population 
of this country would rapidly increase for ages after their labors 
were done, and that many new States would be added to the Union. 
They also saw that it would not do to provide for increasing the 
number of members in the House of Representatives in proportion 
to the increase of population ; for, in such case, that body would 
soon become inconveniently large for the purposes of legislative de- 
liberation. Within one hundred years from the adoption of the 
Constitution, our country will number nearly one hundred millions. 
Were the House of Representatives, then, to have one member for 
every thirty thousand, it would have 3,333 members. 

§ 4. When the time arrives that the United States shall number 
two hundred and fifty millions, the House of Representatives will 
probably be constituted on the basis of not over one member to a 
million of inhabitants: There will be many States, probably, at that 
time, which will not contain more than two or three hundred thou- 
sand each. Especially will this be true of the younger and the 
smaller of the older States. But these States must have at least one 
representative each, or they must be unrepresented in the national 
councils. Hence the necessity of this provision, that "each State 
shall have at least one representative." 

§ 5. There are several States now in the Union, which, but for 
this provision of the Constitution, would not be entitled to representa- 
tion in the House. They have not the necessary number of inhabit- 
ants ; but they each have one member on account of this clause. 

§ 6. The second clause of the article under consideration refers 
to equality of State representation in the Senate. When, in the 
Constitutional Convention, the smaller States consented that popula- 
tion might become the basis of representation in the House, it was 
upon the express condition that there should be equality of repre- 



230 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

sentation in the Senate: So tenacious were the smaller States on 
this point, that they insisted on and obtained this Constitutional pro- 
vision. No majority of the States, however large, can change this 
clause of the Constitution so long as there is one State that refuses 
its consent to such change. The provision is for the protection of 
the smaller States. 

ART. II. — PRIVILEGES OF CITIZENSHIP. 

TJie citizens in each State shall be entitled to all the priv- 
ileges and immunities of citizens of the several States. 7S5. 

The purpose of this clause is to create a general national citizen- 
ship. Perhaps it does not so properly come under the rights of 
States as the rights of citizens derived from the States. A person 
being a citizen in one State of the Union may remove to any other 
without prejudice to his social, pecuniary, or political rights in his 
new home. He may purchase, hold, convey, and inherit property, 
and enjoy all other rights arising from citizenship, the same as though 
he were born or naturalized in the State to which he emigrates. 
These are rights in the enjoyment of which he can not only claim 
the protection of the United States, but of the States from which 
and to which he removes. (See appendix to Analysis B.) 

ART. III. — STATE AMITY. 

Full faith and credit shall be given in each State to the acts, 
records, and judicial proceedings of every other State. 71. 

This provision confers at once a right on States and a right on 
individuals ; and it imposes obligations on States : 1st. A State 
has the rio-ht to demand of another State that its acts, records, and 

o 

judicial proceedings, shall be respected, and that full faith and 
credit shall be given to them. 2d. Individuals may demand the 
same, when that demand is necessary to the vindication of their 
rights. And, 3d, States on whom such demands are properly made 
are under obligations to heed and respect them. A judgment 
rendered by a court in Ohio, for instance, would be conclusive in 
New York, provided the courts of Ohio would hold it conclusive. 
The manner of proving such acts, records, and judicial proceed- 



PaET II.] EIGHTS OF STATES. 231 

ings, and the effect to be given to their authenticity, is, as we have 
seen, exclusively under the direction of Congress. 

ART. IV.— NEW STATES. 

1. No new State shall be formed or erected within the juris- 

diction of another State / 

2. JVbr shall any State be formed by the junction of two or 

more States, or parts of States, without the consent of 
the legislatures of the States concerned. 

§ 1. The first paragraph above was inserted by the Constitutional 
Convention to quiet the fears of the larger States that their terri- 
tory might be dismembered for the purpose of increasing the num- 
ber of States. The second quiets the fears of the smaller States, 
that a junction of States might take place without their consent. 

§ 2. No new State has ever been formed within the limits of the 
Union by the junction of two or more States. One new State has 
been formed, however, by the dismemberment of another. On the 
passaga of the Ordinance of Secession by the Virginia Convention, a 
convention of the western counties of the State was held at Wheel- 
ing May 11, 1881, and on the 17th unanimously deposed the then 
State officers, and organized a State government. 

§ 3. Nov. 26, 1861, a convention representing the western 
counties of the State assembled in Wheeling, and formed a consti- 
tution for West Virginia. This constitution was submitted to the 
people May 3, 1862, and adopted by them by a nearly unanimous 
vote. The division of the State was sanctioned by the legislature 
May 13, 1862, and ratified by Congress Dec. 31, 1862. West 
Virginia was admitted into the Union June 20, 1863. 

ART. V. — ELECTIONS. 

The tunes, places, and manner of holding elections of 
senators and representatives shall be prescribed in each Slate 
by the legislature thereof, subject to the revision of Congress, 
except as to the places of choosing senators. 1«5. 

This clause gives the regulation of the election of senators and 
representatives primarily to the legislative authority of the several 



232 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

States. Should they fail to exercise it, however, or exercise it im- 
properly, the interests of the country would justify the interposition 
of Congress. (See powers of Congress, Art. XL, Part II.) 

ART. VI. — MILITIA OFFICERS. 

1. The appointment of the militia officers is reserved to the 

States respectively. 

2. Also the trahiing of the militia according to the discipline 

prescribed by Congress. 41. 

§ 1. As the National Government is to depend on the several 
States for the militia, it seems proper that the officers who are to 
train and discipline them should be appointed by the States. This 
arm or power of national security is in some sense a local police 
force, a means of State defense, for the proper organization and 
discipline of which the several States are responsible to the national 
authority. 

§ 2. But, in order that there may be uniformity of organization 
and discipline, it is left with Congress to prescribe the mode. In 
case of invasion by a foreign power, or a wide-spread rebellion, the 
militia of States distant from each other may be placed side by side 
in the same army. Hence the necessity of uniformity of discipline, 
and of its being under the direction of a single power, instead of 
being distributed among the several States. The States respec- 
tively have the training of the militia ; but Congress prescribes the 
mode of discipline. 

ART. VII— FEDERAL PROTECTION. 

1. The United States shall guarantee to every State in the 

Union a republican form of government. 

2. Shall protect each State against invasion ; 

3. Also against domestic violence, 

1st. On the application of the legislature of the State / or, 

2d. On application of the State Executive when the 

legislature can not be convened. T'T'* 

§ 1. The United States is one great political family, and each 

State is a member of that family ; and each member has the right of 



Part II.] RIGHTS OF STATES. 233 

protection from invasion without or insurrection within. The want 
of a provision similar to this was a serious defect in the Articles of 
Confederation. This is one of those State rights that give assurance 
of the stability and solidity of the State governments, as well as the 
perpetuity of the Federal Union. In every age of the world, and 
among all nations, there have been designing, intriguing, ambitious 
demagogues, ready to originate the most wicked schemes for the 
overthrow of the governments under which they lived. Human 
nature is much the same in every age ; and but for this guaranty on 
the part of the United States, and this right on the part of the 
States, the form of a State government, at some unlucky moment, 
and under the sway of vile intriguers, might be changed from a 
republic to a monarchy. 

§ 2. The States have the right of Federal protection from foreign 
invasion. They have no right to declare war, nor even to engage in 
it as States, unless the danger is so imminent as not to admit of de- 
lay. For the surrender of this right, it is but reasonable that the 
National Government should pledge its power to defend them. 

§ 3. Perhaps there is more danger under a republican form of 
government, than under any other, of outbreaks of domestsc violence. 
Enjoying, as the people do, a greater degree of freedom under this 
than under other forms of government, that freedom is correspond- 
ingly more liable to be abused. Our own history has demonstrated 
this tendency. Several times it has been found necessary to call 
out the Federal troops to protect the States from internal dissensions, 
and to crush open and high-handed defiance of State laws. The 
Federal authority may be invoked for this purpose by the legislature 
of the State, if in session, in which the insurrection occurs. If the 
legislature is not in session, and can not be readily convened, the 
Governor of the State may call on the President of the United 
States for the necessary aid. 

ART. VIII. — FUGITIVES. 

1. From Justice. — A person charged in any State with 
treason, felony, or other crime, icho shall flee from jus- 
tice, and be found in another State, shall, on demand 



234 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

of the executive authority of the State from which he 

fed, be delivered up, to be removed to the State having 

jurisdiction of the crime. 73, 

2. From Service. — JVo person held to service or labor in one 

State under the laws thereof escaping into another, 

shall, in consequence of any law or regulation therein, 

be discharged from such service or labor, but shall be 

delivered up on claim of the party to whom such service 

or labor may be due. 74L. 

§ 1. The several States are political neighbors to each other. By 

the first of the foregoing provisions, if the laws of a State have been 

outraged by the commission of a grave crime, and the criminal flees 

to a neighboring State, it is the right of the State whose • laws have 

been violated to pursue the criminal, and bring him back for trial. 

No State has the right to become an asylum for criminals. This 

would afford a direct encouragement to hardened depravity. 

§ 2. By an act of Congress, passed Feb. 12, 1793, provision was 
made for enforcing this clause of the Constitution. To secure the 
return of a fugitive from justice, according to that act, the following 
steps must be taken : — 

1st. The Executive of the State in which the crime is committed 
must make demand for the return of the criminal on the 
Executive of the State to which the criminal has fled. 
2d. The demand must be accompanied with a copy of the indict- 
ment against the criminal ; or, 
3d. By an affidavit made before a magistrate, charging the person 
demanded with having committed the crime, and having fled 
from justice. 
4th. The copy of the indictment, or the affidavit, must be certified 
by the governor or chief magistrate making the demand, to 
be authentic. 
5th. When this is done, it is the duty of the Executive of the State 
to which the person has fled to cause the accused to be 
arrested and secured. 
6th. It is the duty of the Executive causing the arrest to give notice 
thereof to the Executive making the demand, or to his agent. 



Part II.] EIGHTS OF STATES. 235 

7th. Following these proceedings, the person charged with the crime 
is delivered over for trial to the State authorities from which 
he lied. 
§ 3. The clause relating to fugitives from service refers to 
slaves exclusively. An act was passed by Congress to enforce this 
provision of the Constitution, Feb. 12, 1793, and was amended 
Sept. 18, 1850 ; and both the act and amendment were repealed 
June 28, 1864. In 1865, an article of amendment to the Consti- 
tution was ratified by a sufficient number of States to render it a 
part of that instrument, for ever abolishing slavery in the United 
States and its territories. The clause which we are now considering 
is, therefore, no longer operative. 

ART. IX. — RESERVATIONS. 

1. The powers not delegated to the United States by the Con- 

stitution, nor prohibited by it to the States, are reserved 
to the States respectively, or to the people. 03. 

2. The enumeration in the Constitution of certain rights 

shall not be construed to deny or disparage others re- 
tained by the people. 01 . 
§ 1. The first paragraph above is intended as a general rule of 
interpretation, to be applied to the Constitution in cases of doubtful 
right, as between State and United-States authority. The powers 
of the National Government are limited, being conferred and enume- 
rated by the people of the United States. The powers not enu- 
merated are reserved to the States or the people. But this must be 
understood with some qualification. All the powers of the National 
Government are not expressed in the Constitution, nor could they 
be. For instance, the power to provide for the general welfare is 
expressed ; but no attempt is made in that instrument to define all 
the means that may be adopted to secure that object. 

§ 2. Again : the power to regulate commerce with foreign nations, 
among the States, and with the Indian tribes, is expressed in the 
Constitution; but all means that may become necessary to make 
this power effective are not enumerated, nor could they be by any 
possible human forecast. A power conferred always implies the 



236 ANALYSIS OF CIVIL GOVERNMENT. [Part II 

right to adopt the necessary means to make that power effective, 
though they are not specified. 

§ 3. When this amendment was considered in Congress, there 
was an effort made to insert the word "expressly " before the word 
"delegated;" so that it would read, "the powers not expressly 
delegated to the United States by the Constitution, nor prohibited 
by it to the States, are reserved to the States respectively, or to the 
people." But, after thorough discussion, this word "expressly" 
was stricken out. 

§ 4. The- second paragraph of Art. IX., the learned commentator, 
Judge Story, says, " was manifestly introduced to prevent any per- 
verse or ingenious misapplication of the well-known maxim, that an 
affirmative in particular cases implies a negative in all others; and, 
e converso, that a negation in particular cases implies an affirmation 
in all others." In other words, it does not follow, nor is this con- 
struction to be tolerated, that, because certain rights are admitted as 
belonging to the people, all other rights are surrendered to the 
government. The people have rights, therefore, that the Constitu- 
tion does not enumerate. 



CHAPTER IX. 

STATE SUBORDINATION. 
ARTICLE I. — ORIGIN OF STATE OBLIGATIONS. 

1. Constitution. — The ratification of the conventions of 
nine States was declared to be sufficient for the establish- 
ment of the Constitution betiveen the States so ratify- 
ing the same. 8H. 
Amendments. — Whenever amendments to the Constitution 
are proposed in accordance with the terms of that in- 
strument, they become valid, to all intents and purposes, 
as a part of it, — 

1st. When ratified by the conventions of three-fourths 

of the several States ; or, 
2d. By the legislatures of three-fourths thereof. 78. 



Part II.] STATE SUBORDINATION. 237 

§ 1. The Constitution, as has been seen, was framed by a Con- 
vention of delegates from nearly all the States, which met in Phila- 
delphia in May, 1787. When their labors were done, the proposed 
Constitution was submitted to Congress, with the recommendation 
that it should be submitted for ratification to State Conventions 
constituted of delegates chosen by the people of the several 
States. 

§ 2. But it was presumed that there might be considerable hesi- 
tation and delay on the part of some of the States in ratifying the 
Constitution. This had been the case with the Articles of Confed- 
eration. Hence this provision, that nine States (over two-thirds) 
accopting the Constitution should be sufficient for its establishment 
as between those States. Had a unanimous ratification by the 
States been required before the new government could go into oper- 
ation, the delay might have been several years longer than it was ; 
for States, like individuals, are influenced by example. But, finding 
that success was made sure at an early day, in less than three years 
after the adjournment of the Constitutional Convention, every State 
gave its adhesion to the new government. 

§ 3. The origin of the obligations of the States to the General 
Government is founded in their assent to the Constitution of the 
United States. Before ratifying the Constitution, the States were 
at liberty to make their choice : they could come into the Union, or 
stay out. Should they refuse their assent to the terms of national 
association, they would each be an independent political division, 
having all the attributes and prerogatives of sovereign States. But, 
having accepted the terms of Union, they became subordinate to the 
national authority. 

§ 4. The same remarks apply, and with equal truth and force, to 
the amendments that have been or that may be made to the Con- 
stitution. But there is this difference with regard to the amend- 
ments, — that a State may be bound by them without its consent, 
provided the terms of the original instrument have been complied 
with in adopting them, three-fourths of the States assenting to 
them. It devolves on Congress, or on the State legislatures, to 
take the initiatory steps in making amendments to the Constitution 



238 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

of the United States, as we have seen in Art. XIII., Chap. IV., Part 
II., of this work. But, when those steps have been properly taken, 
it requires but three-fourths of the conventions or legislatures of the 
several States to render the amendments valid, to all intents and 
purposes, as a part of the Constitution. Even though the other one- 
fourth of the several States shall not agree to the amendments, the 
amendments are just as binding on them as on the States yielding 
their assent. 

ART. II. — SUPREMACY OF UNITED-STATES AUTHORITY. 

1. The supreme law of the land shall be, — 

1st. The Constitution of the United States. 
2d. All laws made in pursuance thereof. 
%d. All treaties made, or which shall be made, under 
the authority of the United States. 

2. The judges in every State shall be bound thereby, notwith- 

standing any thing in the constitution or laws of any 
State to the contrary. 80. 
§ 1. The clause in the Constitution from which this article in the 
Analysis is taken says, " This Constitution, and the laws of the 
United States which shall be made in pursuance thereof, and all 
treaties made, or which shall be made, under the authority of the 
United States, shall be the supreme law of the land ; and the judges 
in every State shall be bound thereby, any thing in the constitution 
or laws of any State to the contrary notwithstanding." 

§ 2. Here is a solemn declaration of the binding and supreme 
authority over all State authority, — 

1st. Of the Constitution of the United States ; 
2d. All laws made in pursuance of it ; and 
3d. All treaties made under it. 
In case of collision of authority between the United States and 
any particular State, the former is supreme. Without this provis- 
ion, the authors of the Constitution were of the opinion that it 
would have been radically defective. 

§ 3. If the United-States authority were not supreme, the author- 
ity of the States must be so. Were the State authority supreme, 



Part II.] STATE SUBORDINATION. 239 

the National Government would be characterized by all the weakness 
and imbecility of the Confederation. Every principal power of the 
new Constitution would have proved a failure. 

§ 4. The clause and powers under consideration met with earnest 
opposition while the Constitution was before the people for discussion. 
Alexander Hamilton, one of the writers of the articles in " The 
Federalist," says, " But it is said that the laws of the Union are 
to be the supreme law of the land. What inferences can be drawn 
from this ? or what would they amount to if they were not to be 
supreme ? It is evident they would amount to nothing. A law, by 
the very meaning of the term, includes supremacy. It is a rule 
which those to whom it is prescribed are bound to observe. This 
results from every political association." 

§ 5. A treaty has been denned to be a solemn and binding bar- 
gain between two or more parties competent to contract, the parties 
being nations. But it is something more than a contract. It has 
not only all the force of a contract as between the parties concerned, 
but all the binding authority of a law on the subjects or citizens of 
the contracting parties. The issues of peace and war often depend 
on the faithful or unfaithful observance of treaties. No nation would 
be willing to make a treaty with us which should be binding on 
them, but which our own citizens were at liberty to disregard at 
pleasure. The national faith is pledged in treaties, and there must 
be home authority to enforce their obligations on the citizen and sub- 
ject. 

ART. III. — OFFICIAL OATH. 

1. TJie members of the several State legislatures shall be 

bound by oath or affirmation to support the Constitu- 
tion of the United States. 

2. All executive officers of the several States shall be bound 

in like manner. 

3. Also all judicial officers of the several States. 81. 

§ 1. By reference to the clause of the Constitution from which 
this article is taken, it will be seen that senators and representatives 
are included among those who are to take the oath to support the 



240 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

Constitution of the United States. Their oath of office was consid- 
ered in treating of the M provisions common to both houses." No 
one doubts the propriety of requiring an oath or affirmation of this 
character of those immediately concerned in the administration of 
the National Government ; but, while the Constitution was before 
the people for ratification, strong objections were made to requiring 
that a similar obligation should be taken by State officers. 

§ 2. Why, then, should the legislative, executive, and judicial 
officers of the several States be obliged to take on themselves this 
solemn obligation? Because the members and officers of the State 
governments have an essential agency in giving effect to the Federal 
Constitution. The election of the President and Senate will depend, 
in all cases, on the legislatures of the several States. 1 In many 
cases, the election of the House of Representatives may be effected 
by their agency. 

§ 3. The judges of the State courts will frequently be called upon 
to decide upon the Constitution and laws and treaties of the United 
States, anJ upon rights and claims growing out of them. Decisions 
ought to be, as far as possible, uniform ; and uniformity of obliga- 
tion will greatly tend to such a result. The executive authority of 
the several States may be often called upon to exert powers or allow 
rights given by the Constitution, as in filling vacancies in the Senate 
during the recess of the legislature ; in issuing writs of election to 
fill vacancies in the House of Representatives ; in officering the 
militia, and giving effect to laws for calling them out ; and in the sur- 
render of fugitives* from justice. 2 



CHAPTER X. 

STATE PROHIBITIONS. 

ARTICLE I. — STATE RELATIONS. 

1. N~o State shall enter into any treaty, alliance, or confedera- 



tion, 51 ; nor, 



1 The Federalist, No. 44. 

9 Story on the Constitution, § 1,445. 



Part II.] STATE PROHIBITIONS. 241 

2. Into any agreement or compact with another /State, or with 
a foreign power, without the consent of Congress. «5s5. 

§ 1. Both of these provisions, in substance, were in the Articles of 
Confederation. The Constitution of the United States was estab- 
lished for the government of the people as one nation, and not for 
the government of the individual States. But, that the objects of 
the National Government might be secured without embarrassment, 
it was necessary to impose restrictions on the States. Were the 
States at liberty to treat with foreign powers or neighboring States, 
they might enter into such arrangements as would interfere with 
those made by the General Government at home and abroad. 

§ 2. If the States were permitted to enter into treaties with for- 
eign powers, the authority of the General Government on the same 
matter would be at an end. One State might enter into such en- 
gagements as would materially conflict with the interests, not only 
of the General Government, but of the other States. This would 
endanger, and perhaps destroy, the peace and harmony of the whole 
Union. Foreign powers might secure an advantage over all the 
States by securing the favor of one State. In time of war, such 
advantage might be used to the destruction and overthrow of the 
whole country and its institutions. 

§ 3. If States were permitted to enter into compacts or agree- 
ments with each other, they might make such arrangements as would 
wholly neutralize the powers of Congress to regulate commerce 
among the States. These compacts and agreements between the 
States might be so extended as that one half the number would" be 
arrayed against the other half. Endless domestic discord would 
result by consequence. 



ART. II. — COMMERCIAL. 

1. N~o State shall coin money ; nor, 

2. Emit bills of credit ; nor, 

3. Make any thing but gold and silver coin a tender in pay- 

ment of debts ; nor, 

4. Pass any law impairing the obligation of contracts. SI, 

16 



242 ANALYSIS OF CIVIL GOVERNMENT. [PART II. 

§ 1. These are all commercial prohibitions. The power to coin 
money is confided to the General Government. Were the States 
invested with it, the effect would be "to multiply expensive mints, 
and diversify the forms and weights of the circulating coins." This 
would destroy all hope of uniformity of currency, and would seri- 
ously cripple and embarrass the interests of commerce. 

§ 2. By bills of credit, as here used, is meant bank-bills, such as 
are usually circulated as money in business transactions. As the 
power to coin money is denied to the States, certainly they should 
not be allowed to issue a paper medium to take the place of gold 
and silver. 

§ 3. At the close of the Revolutionary War, and for some years 
afterwards, the whole country was flooded with a nearly worthless 
paper currency. True, it was issued under the direction of Con- 
gress ; but it was done with the expectation that the States would 
each provide for the redemption of their respective proportions of 
this paper currency. The first issue was in 1775, and to the amount 
of three millions. Congress asked the States to provide for its re- 
demption j but it was never done. This paper money depreciated 
constantly, notwithstanding Congress passed the most stringent laws 
to sustain it, — even going so far as to denounce those who should 
refuse to receive it at par as " enemies to the liberties of the United 
States." 

§ 4. Four years after the first issue, the amount of paper circula- 
tion was upwards of one hundred and sixty millions ; and, a few 
years after that, it was extended beyond three hundred and fifty mil- 
lions. The States still failed to comply with the requisitions of 
Congress to make provisions for the redemption of this " Continental 
currency," as it was called. One dollar in gold or silver was worth 
from forty to a hundred dollars of these paper promises ; and finally 
the Continental currency became so utterly worthless, that it ceased 
altogether to circulate. 

§ 5. These were the experiences that led the authors of the Con- 
stitution to insert this clause, prohibiting the States from emitting 
bills of credit. It should be stated here, that the States themselves 
also had largely issued bills of credit, which had become worthless. 



Part II.] STATE PROHIBITIONS, 243 

" It was, therefore, the object of the prohibition," as Judge Story 
says, " to cut up the whole mischief by the roots, because it had 
been deeply felt throughout all the States, and had deeply affected 
the prosperity of all." 

§ 6. The States are also forbidden to pass any laws making any 
thing but gold and silver coin a tender in payment of debts. This 
prohibition has the same general object in view as the preceding 
clauses. It is intended to give uniformity and stability to the cur- 
rency of the country, and to establish confidence in commercial trans- 
actions. Before the adoption of the Constitution, laws of various 
kinds had been passed by some or all of the States, requiring credit- 
ors to take worthless, or nearly worthless, property in payment of 
debts, at exaggerated and fictitious appraisement. 

§ 7. Though a State can not make any thing but gold and silver 
a tender in payment of debts, yet this prohibition does not apply to 
the General Government. A large part of the present paper circu- 
lation of the United States, as well as for several years past, is legal 
tender. But this is national currency. 

§ 8. The States are also prohibited from passing any law impair- 
ing the obligation of contracts. But Congress has this authority, 
and has lately passed a uniform bankrupt law, that is, uniform through- 
out all the States ; the same in one State as in another. A contract 
may be defined, an agreement between two or more parties com- 
petent to contract, based on a sufficient consideration, each promis- 
ing to do or not to do some particular thing possible to be done, not 
enjoined or prohibited by law. 
1st. The parties must be competent to contract ; that is, of proper 

age, sound mind, not under duress, nor alien enemies. 
2d There must be a sufficient consideration, though this need not 
always be a money consideration. Previous moral or legal 
obligation may be sufficient ; or the promise of one party may 
be sufficient ground for the promise of the other. 
3d. The thing to be done must be possible. A contract to build a 

city in a day would be void for impossibility. 
4th. The thing to be done must not be such as the law already en- 
joins, as that the party promises to properly observe the Sab- 
bath or to provide for his family. 



244 ANALYSIS OP CIVIL GOVERNMENT. [Part II. 

5th. It must not be something forbidden by the laws of the land ; 

as committing burglary, robbery, assault and battery, or 

arson. 
§ 9. When a legal contract is made, no State has the right to pass 
any laws to defeat it. The legislature has no right to interfere 
with the intention of the parties, so as in any way to defeat it, or to 
impose new conditions. But the legislature may change the method 
of enforcing a contract. For instance, suppose, by a law of New 
Jersey, a man who owes a debt, and can not pay it, may be impris- 
oned : New Jersey may pass a law abolishing imprisonment for 
debt ; and that law may open the door of every jail in the State, and 
set every debtor free. This is not a law impairing the obligation of 
contracts ; for imprisonment is not payment. The debtor so released 
from prison is still under legal obligation to pay. 

ART. III. — WAR. 

1. No State shall grant letters of marque and reprisal, 

51 ; nor, 

2. Without the consent of Congress^ keep troops, or ships of 

war, in time of peace / nor, 

3. HJngage in war, unless, 

1st. Actually invaded ; or, 

Id. In such imminent danger as will not admit of delay. 
52. 
§ 1. This article, with its divisions and subdivisions, embraces 
all the restrictions imposed on the States by the Constitution in 
reference to making war. The power of making war, and of mak- 
ing treaties of peace, belongs exclusively to the General Govern- 
ment. 

§ 2. The establishment of an army or navy by a State in times 
of peace might be a cause of jealousy between neighboring States, 
and provoke the hostilities of foreign neighboring nations. Still, a 
State maybe so situated that it may become indispensable to possess 
military forces to resist an expected invasion or insurrection. The 
danger may be too imminent for delay ; and, under such circum- 



. Part II.] STATE PROHIBITIONS. 245 

stances, a State would bave a right to raise troops for its own safety, 
even without the consent of Congress. 1 

For an explanation of letters of marque and reprisal, see Art. 
VII., Chap. IV., Part II. 

ART. IV. — TENALTIES. 

1. No State shall pass any bill of attainder ; nor, 

2. Any ex post facto law. 51. 

The terms bill of attainder and ex post facto law were explained 
in Chap. VI., Art. VII., Part II. The explanation need not be 
repeated here. 

Bills of attainder and ex post facto laws are contrary to the first 
principles of the social compact, and of every principle of sound 
legislation. Congress is forbidden to pass them, as we have seen; 
and for the same, if not for stronger reasons, the prohibition is ex- 
tended to the States. 

ART. V. — NOBILITY. 

No State shall grant any title of nobility. 51, 

In Chap. VI., Art. VI., we have seen that the United States are 
forbidden to grant any title of nobility. States are under the same 
prohibition, and for similar reasons. It would be absurd to provide 
against the exercise of this power by the General Government, and 
yet leave the States at liberty to exercise it. 2 

ART. VI. — DUTIES. 

1. No State shall, without the consent of Congress, 

1st. Lay any duty of tonnage ; nor, 

2d. Any imposts, or duties on imports or exports, ex- 
cept what may be absolutely necessary for exe- 
cuting its inspection-laws. 

2. TJie net produce of all duties and imposts laid by any 

State on imports or exports shall be for the use of the 
treasury of the United States. 55£. 
§ 1. Tonnage-duty is a tax or duty laid on ships or vessels in 
proportion to their cubical contents expressed in tons. A ton ex- 

« Story on Const., § 1,404. 2 Ibid., § 1,400. 



246 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

pressed by measure is forty-two cubic feet. States are forbidden by 
the Constitution to lay any duties of this kind without the permis- 
sion of Congress. In reference to the subject of duties generally, 
it was the intention of the authors of the Constitution to place it 
entirely under the supervision and control of Congress. In the Con- 
vention that formed the Constitution, there was strong opposition 
to this prohibition on the States ; and it finally passed that body 
by the close vote of six States against four. One State, being 
divided, gave no vote. There was a constant, earnest struggle 
against the surrender of State powers to the General Government. 

§ 2. Nor are States allowed to lay duties of any kind, except 
what may be absolutely necessary for executing their insrjection- 
laws ; and even these, as we have seen in another place, are under 
the supervision and control of Congress. This is because to the 
hands of Congress is committed the regulation of commerce, not 
only with foreign nations, but among the States. The restraint on 
the power of the States over imports and exports is enforced by all 
the arguments which prove the necessity of submitting the regula- 
tion of trade to the Federal councils. 1 Inspection-laws are not, 
strictly speaking, regulations of commerce. Their object is to im- 
prove the quality of articles produced by the labor of the country, 
and to fit them for exportation or for domestic use. These laws 
act upon the subject before it becomes an article of commerce. 2 

The whole power to lay duties and imposts on imports and exports, 
and to lay a tonnage-duty, is, doubtless, properly considered a part of 
the taxing power ; but it may also be applied as a regulation of com- 
merce. 3 

ART. VII. — SLAVERY. 

Neither slavery nor involuntary servitude, except as a pun- 
ishment for crime whereof the party shall have been duly 
convicted, shall exist, 

1. Within the limits of the United States ; nor, 

2. In any place subject to their jurisdiction. 07". 

1 The Federalist, No. 44. 2 Kent's Com., Lect. 19. 

8 Federalist, No. 7, 22. 



Part II.] STATE PROHIBITIONS. 247 

§ 1. Slaves were merely things in contemplation of the laws by 
which they were held in bondage in the States. Yet there were 
these exceptions to this definition : they were capable of committing 
crimes, and were punishable therefor ; and they were counted at the 
rate of five for three in enumerating the representative population of 
the States. They were subject to sale like other personal property. 
They could not take property by descent or purchase, and whatever 
they had belonged to their owners. They could make no lawful 
contracts, had no civil rights, and might be sold on execution for the 
payment of the master's debts. 

§ 2. As long as slavery existed in this country, it was a State in- 
stitution, not national. At the time of the adoption of the Con- 
stitution, there were thirteen States, in twelve of which slavery 
existed. The authors of the Constitution recognized this condition 
of things, and did not propose to interfere with it in any manner 
whatever, except to bring the foreign slave-trade under the control 
of Congress from and after the year 1808. Congress could not 
interfere with it in the States ; and, when abolished, it had to be done 
by an amendment to the Constitution. 

§ 3. In 1620, a Dutch vessel brought a cargo of slaves from 
Africa to Virginia ; and this was the beginning of slavery among 
the English Colonies on this continent. It existed along the banks 
of the Hudson as early as 1C26. Slavery is mentioned in the 
Massachusetts laws between 1630 and 1641. Domestic slavery 
having thus commenced, it continued to increase throughout the 
United States while they were yet Colonies of Great Britain. It 
continued to exist among all the Southern States until it was abol- 
ished by the Constitutional Amendment of 1865. It had already 
become extinct in the Eastern and Northern States. 

§ 4. In Pennsylvania, by an act of March 1, 1780, and in New 
Jersey, by acts of Feb. 14, 1784, and Feb. 24, 1820, passed for 
the gradual extinction of slavery, it was removed from them ; and 
all children born of slave-parents after the 4th of July, 1804, were 
declared free. In Massachusetts, it was judicially declared, soon 
after the Revolutionary War, that slavery was virtually abolished 



248 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

by their constitution, and that the children of female slaves, though 
born prior to their constitution, and as early as 1773, were born 
free. 

§ 5. In Connecticut, statutes were passed in 1784 and in 1797, 
wliich gradually extinguished slavery in that State. In 1830, there 
were but twenty-five slaves in Connecticut. In Bhode Island, no 
person could be born a slave after March 1, 1774. In New Hamp- 
shire and Vermont, slavery was abolished by their respective con- 
stitutions. It was incorporated into the ordinance of Congress, 
July 13, 1787, for the government of the territory of the United 
States north-west of the River Ohio, that there should be neither 
slavery nor involuntary servitude in the said territory, otherwise 
than for the punishment of crimes. 1 

§ 6. March 6, 1820, an act of Congress was passed, known as 
the Missouri Compromise, being one of the conditions on which 
Missouri was admitted into the Union as a slaveholding State. By 
this act, " all that territory ceded by France to the United States, 
under the name of Louisiana, which lies north of thirty-six degrees 
and thirty minutes north latitude, not included within the limits of 
Missouri, was to be free territory." In May, 1854, this compro- 
mise was substantially repealed. 

§ 7. Down to 1850, the city of Washington was an extensive 
slave-market. Slaveholders from all parts of the slaveholding 
States came there for the purpose of buying or selling slaves. 
Sept. 20, 1850, an act of Congress was passed prohibiting the traffic 
in slaves within the limits of the District of Columbia. April 16, 
1882, slavery was wholly abolished within the District of Columbia; 
and, by the same act, it was abolished throughout the territories 
belonging at that time to the United States, and which might 
thereafter be acquired by them. The next great move was the 
amendment to the Constitution, which is the subject of this article, 
prohibiting the States and Territories within the United States from 
giving sanction to this institution. The final downfall of American 
slavery dates from the year of our Lord 1865. 

1 Kent's Com., Lect. 32, and notes. 



Part II.] PERSONAL RIGHTS. 249 

CHAPTER XI. 

PERSONAL RIGHTS. 

ART. I. — DOMICILE. 

1. No soldier shall, in time of peace, be quartered in any 

house without the consent of the owner ; nor, 

2. In time of war, but in a manner to be prescribed by law. 

85. 

§ 1. The place most sacred to every citizen is that one which he 
calls his home. In the language of the law-books, a man's house is 
his castle. The enjoyment of it, uninterrupted, is among the most 
sacred of personal rights. Arbitrary rulers, even in time of peace, 
are prone to trespass on this right, and in the very mode here for- 
bidden. The complaint is made in the Declaration of Independence, 
that the King of Great Britain has been guilty of quartering large 
bodies of armed troops among us.. 

§ 2. But it may sometimes be necessary, not only for the protec- 
tion of particular localities and districts, but perhaps for the pro- 
tection of individual dwellings, that troops shall thus be temporarily 
quartered in time of war. This would not be regarded as nn 
encroachment, however, by any reasonable man, but rather as 
cause for gratitude to his country. That this right may not bo 
abused by government officials, it must be done strictly according to 
law in such case made and provided. 

ART. II. — SECURITY. 

1. The right of the people to be secure in their persons, houses, 

papers, and effects, against unreasonable searches and 
siezures, shall not be violated. 

2. No warrant shall issue but upon probable cause, supported 

by oath or affirmation, 

1st. Particularly describing the place to be searched ; 

and, 
2d. The person or things to be seized. 80. 
This article is substantially an affirmation of a well-known prin- 
ciple of the common law. It had been the doctrine for ages before 



250 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

this amendment was attached to the Constitution ; but it was so fre- 
quently violated to suit the caprice of rulers and their pliant officials, 
that it had become reduced to a mere parchment theory. The 
requirements of this amendment are of the most reasonable charac- 
ter. Any thing less would be inconsistent with American liberty. 
No warrant of a general character can be issued ; or, if issued, it 
would be powerless for the arrest of a citizen, or for the seizure of 
his property. To be valid, it must specify with reasonable certainty 
the person or persons to be apprehended, or the things to be seized; 
and the warrant must be supported by oath or affirmation, so that, 
if false, the person at whose instance it is issued may be indicted 
and convicted of perjury. 



ART. III. — JUDICIAL. 

1. No person shall be held to answer for a capital or other- 

wise infamous crime, unless on a presentment or in- 
dictment of a grand jury, except in cases arising, 

1st. In the land or naval forces ; or, 

2d. In the militia, when in actual service in time of 
war or public danger. 

2. No person shall be subject for the same offense to be twice 

put in jeopardy of life and limb. 

3. No one shall be deprived of life, liberty, or property, 

without due process of law. 

4. Private property shall not be taken for public use without 

just compensation. 87. 

§ 1. A capital crime is one that subjects the offender to the pen- 
alty of death. An infamous crime is one that exposes the criminal 
to the abhorrence and detestation of mankind, and to ignominious 
punishment more or less severe. These crimes and punishments are 
of such grave character, that before a person shall be exposed even 
to a trial for the one, or a liability to the other, the most careful and 
deliberate steps must be taken. He must first be indicted by a 
grand jury. 

§ 2. An indictment is a written accusation or a formal charge 



Part II.] PERSONAL EIGHTS. 251 

made against a person for the commission of a crime, and is made 
by a grand jury on oath. The proceedings of the grand jury are 
usually secret ; the party accused not being called on to defend him- 
self before them, nor even allowed the opportunity to do so. If 
they find a bill of indictment against him, they deliver it to the 
court under whose jurisdiction they are acting, when a warrant is 
issued for the arrest of the person so indicted. Before the court, he 
has an opportunity to defend himself on trial. A grand jury is a 
body of men, twenty-three in number, selected, according to the 
forms of law, to inquire in behalf of the people into the commission 
of any crimes within their county or district. 

§ 3. In the proceedings before a grand jury, witnesses are called 
by the attorney who acts for the people, and these witnesses testify 
as to what they know in reference to the grounds of any accusations 
which may be brought before the jury against any person. The 
prosecuting attorney draws the indictment according to the forms of 
law ; and if twelve of the grand jury, after hearing the testimony, 
think there is sufficient evidence against the party accused to put 
him on his trial, the foreman of the jury indorses on the bill of 
indictment the words, "A true bill," and signs his name under 
the indorsement. 

§ 4. If crimes are committed in the army or navy, or in the 
militia, when in actual service in time of war or public danger, there 
is another method of trying the criminal. It is done by court-mar- 
tial, or by military commission, without going through with the for- 
malities of an indictment. 

§ 5. A person having been once tried for a crime, whether found 
guilty or not guilty, if the jury agree on a verdict at all, can not be 
put on his trial a second time for the same offense. But this state- 
ment must be taken with the qualification that the accused does not 
himself apply for a new trial. If he applies for a new trial, and ob- 
tains it, in contemplation of law, the new trial is but a continuation 
of the original proceeding . so a second trial on the same indict- 
ment, where the jury fails to agree on the first trial, is but a continu- 
ation of the trial. 

§ 6. Without due process of law, no person shall be deprived of 



252 ANALYSIS OF CIVIL GOVERNMENT. [Fart II. 

life, liberty, or property. The first object of human government is 
protection of the citizen. This clause is inserted for the purpose of 
giving assurance that life, liberty, and property shall be held sacred 
in the eye of the law, and that the citizen shall not be deprived of 
either except through all the forms and substance of the regular 
administration of justice. 

§ 7. But the public good, which is always paramount to private 
interest, often requires the appropriation of private property for the 
ends of government, or for the greater good of the greater number. 
Where the public interests require it, private property may be taken 
by rendering a just compensation. What is just compensation in 
such cases is to be ascertained by such process of investigation a3 
shall be fixed by law. It may be necessary to project a railroad, a 
military road, or to construct a canal ; or it may become necessary 
to appropriate private property for the support of an army. . This 
may be done by authority of law, but not without just compensa- 
tion to the owner of the property. 



ART. IV. — CRIMINAL ACTIONS. 

In all criminal prosecutions, — 

Accusation. — The accused shall be informed of the na- 
ture and cause of the accusation. 
Trial by Jury. — He shall enjoy the right to a speedy and 
public trial, 

1st. By an impartial jury . 

'Id. The jury shall be of the State and, district 

iv herein the crime shall have been committed. 
2d, The district shall have been previously ascertained 
by laic. 83. 
Witnesses. — 1. JVo one shall be compelled to be a witness 
against himself. 87. 

2d. He shall have compulsory process for obtaining 

witnesses in his favor. 
3d* He shall be confronted by the witnesses against 
him. 88. 



Part II.] PEKSO^AL EIGHTS. 258 

4. Counsel. — He shall have the assistOMce of counsel for 

his defense. 88. 

5. Bail. — Excessive bail shall not be required. * 

6. Fines. — Excessive fines shall not be imposed. 

7. Punishments. — Cruel and unusual punishments shall not 

be inflicted. 90. 

§ 1 . In this article is an outline of the rights of a party on trial 
for a criminal offense. In the first place, he is to be informed of 
the nature and cause of the accusation against him. This appears in 
the indictment, which is a written accusation made by the grand jury, 
on oath, at the suit of the government. The indictment must 
charge the time, place, and nature and circumstances of the offense 
with clearness and certainty ; giving the accused full and definite 
notice of the charge, so that he may make his defense with all 
reasonable knowledge and to the best of his ability. 

§ 2. The trial shall be speedy ; that is, there shall be no unneces- 
sary delay. This is for the convenience of the accused. -Long 
delays may cause difficulty in obtaining witnesses, who may become 
scattered over the country, and located at remote points ; and the pris- 
oner may find it difficult to procure bail, and thus be subjected to 
protracted imprisonment waiting for his trial. The trial must bo 
public, thereby insuring fairness and impartiality, as the proceedings 
are open to the inspection and criticisms of the community. 

§ 3. And the trial is by jury. This does not mean the grand 
jury, but another, called a petit jury, consisting of twelve good and 
lawful men, against whom, and each of whom, no valid and legal 
objection can be raised. This jury must be impartial ; that is, it 
must be constituted of persons who have not already made up their 
minds on the guilt or innocence of the party accused. The grand 
jury accuses the party implicated : the petit jury tries the accusa- 
tion ; and, in order to convict the accused, there must be entire 
unanimity of the petit jury in favor of his guilt. 

§ 4. The jury shall be selected from the State or district in which 
the crime shall have been committed : and the district shall have 
been previously ascertained by law ; that is, the district must have 
been previously determined by law. When we come to a discussion 



254 ANALYSIS OF CIVIL GOVEBNMENT. [Part II. 

of the judiciary of the United States, we shall see that the States 
are divided, for convenience, into circuits and districts by act of 
Congress. The selection of the jury from the State or district in 
which the crime is committed is supposed to secure fairness and 
impartiality on the trial. 

§ 5. By our Constitution, a man can not he compelled to testify 
against himself; and this is in affirmance of a well-settled principle 
of common law. It is Well known that in some countries not only 
are criminals compelled to give evidence against themselves, but are 
subjected to the rack or torture in order to procure a confession of 
guilt ; presuming that innocence would vindicate itself by a stout 
resistance, or that guilt would make open confession : as if a man's 
innocence were to be tried by the hardness of his constitution, and 
his guilt by the sensibility of his nerves ! 1 

§ 6. To secure impartiality of trial, and to give a fair opportunity 
of defense, the accused shall have compulsory process for obtaining 
witnesses in Ins favor. Several centuries since, among the nations 
of Europs, the practice in criminal trials was to deny the accused 
the liberty of having witnesses to testify in his favor. Afterwards, 
the rigor of this tyrannical rule was so modified as to allow wh> 
nesses to testify in favor of the accused, but not under oath ; thus 
weakening their credibility. The practice now, however, is general 
to allow the accused to make as full and complete a defense as in 
his power. Under our Constitution, if the accused is destitute of 
the means of procuring the attendance of witnesses in his favor, he 
may have compulsory process for this purpose, even at the expense 
of the government. 

§ 7. He shall be confronted by the witnesses against him. The 
accused and all witnesses appear face to face in open court. If a 
witness is of a corrupt and mercenary disposition, this salutary pro- 
vision may have a tendency to check his recklessness in giving tes- 
timony. 

§ 8. The accused shall have the assistance of counsel for his de- 
fense. By counsel is meant a professional lawyer, attorney, or 
advocate. To an American citizen, accustomed to seeing nearly 

1 Black. Comm., vol. iv. p. 326. 



Part II.] personal eights. 255 

every cause in court, civil and criminal, in the hands and under the 
direction of attorneys, it seems almost needless that such a clause as 
this should be made a constitutional provision. But, in capital cases 
at common law, the prisoner was denied this right unless some matter 
of law should arise proper to be debated. He could not have the 
benefit of professional assistance in the examination of witnesses, 
or in making his defense before the jury. 

§ 9. It was not until the year 1836 that prisoners were allowed 
to be defended by counsel in England, except in cases of treason, 
which is the gravest of crimes, and misdemeanors which are among 
the minor offenses. Under our Constitution, and most of the State 
Constitutions, if the accused is unable to employ counsel for want 
of means, counsel is assigned him by the court : so careful is the 
law in this country of the rights of an American citizen. 

§ 10. Excessive bail is forbidden. The meaning of the word " bail " 
in law is to set free, liberate, deliver from arrest, or out of custody, to 
the keeping of other persons, on their undertaking to be responsible 
for the appearance, at a certain day and place, of the person bailed. 
He who becomes surety for the appearance of another at court is 
called the bailor : he. who is bailed is called the bailee. The writing 
given in such cases is called the bail-bond. The bailor promises in 
the bond to pay a certain sum of money therein named if the bailee 
shall fail to appear as therein specified. 

§ 11. A person accused of a crime punishable by death is not 
usually bailable : the only cases of this kind where bail is taken 
are those in which the proof of guilt is slight. All other crimes, 
except those punishable capitally, are bailable. But intriguing, op- 
pressive magistrates have sometimes, in other countries, required 
enormous bail, or bail in excessive and enormous sums. Bail, being 
merely surety that the accused will appear before the court, and stand 
his trial and its consequences, should not be excessive; and our Con- 
stitution wisely and humanely forbids it. 

§ 12. Excessive fines are likewise forbidden. A fine is a pecu- 
niary penalty imposed by a court upon a person for a criminal offense, 
or breach of law. The fine is imposed after trial and conviction. 
A malignant and vindictive magistrate might impose cruel and ex- 



256 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

cessive fines, as the history of criminal jurisprudence in other coun- 
tries proves, were it not for this constitutional prohibition. 

§ 13. Nor shall cruel and unusual punishments be inflicted. 
This needs no comment, except the remark that history shows that 
despots in the dark ages taxed their fiendish ingenuity to invent 
punishments the most horrid, cruel, and revolting. And this pro- 
hibition is for the purpose of avoiding all possibility of a repetition 
of such cruelties in this country. 

ART. V.— CIVIL ACTIONS. 

In all cases at common law wherein the value in controversy 
shall exceed twenty dollars, 

1. The right of trial by jury shall be preserved. 

2. No fact tried by a jury shall be otherwise re-examined in 

any court of the United States than according to the 
rules of the common law. 8®. 
§ 1. The common law includes those principles, usages, and 
rules of action, applicable to the government and security of person 
and property, which do not rest for their authority upon any express 
and positive declaration of the will of the legislature. It grew into 
use among our English ancestry by gradual adoption ; receiving from 
time to time the sanction of the courts of justice, without any legis- 
lative act or interference. It. was the application of the dictates of 
natural justice and of cultivated reason to particular cases. 
A statute law is the will of the legislature in writing. 1 
§ 2. In paragraph 68 of the Constitution, provision is made for 
the trial of criminal cases by jury ; but nothing is said there or 
elsewhere in that instrument, as it came from the hands of its 
authors, about trial by jury in civil cases. Those who assailed the 
Constitution when it was before the people for ratification claimed 
that this omission was intended to and did abolish trial by jury in 
civil cases. Hence this amendment was adopted at an early day, 
which put the matter at rest. This amendment, however, refers 
only to cases in the common-law courts, not to courts of admiralty 

1 Kent's Coram., Lect. 21. 



Part II.] PERSONAL BIGHTS. 257 

and maritime jurisdiction, nor to cases of equity, in which the courts 
determine both the law and the fact. If the matter in controversy 
be less than twenty dollars, a jury trial can not be claimed, being a 
matter of too little importance to warrant the expense of a jury trial. 
§ 3. When a matter in controversy has once been fairly adjudi- 
cated, that adjudication is a bar to any further judicial examination 
or proceedings, except according to the forms and usages of the com- 
mon law. There must be an end somewhere to human controversy, 
and that end must be determined by legal principles and usage. 
The rules of common law here spoken of, under which matters of 
fact may be re-examined, refer to a continuation of the investiga- 
tion by a successful motion for a new trial, on cause shown, or by 
writ of error, or by an appeal to another and higher tribunal. The 
parties have the right to exhaust all legal remedies before the contro- 
versy is to be considered as judicially settled ; but these remedies 
must be pursued according to common-law usage. 

ART. VI. — TREASON. 

1. Definition. — Treason against the United States shall 

consist, 

1st. In levying icar against them ; or, 
2d. In adhering to their enemies, giving them aid 
and comfort. 

2. Conviction. — JVb person shall be convicted of treason 

unless, 

1st. On the testimony of two witnesses to the same 

overt act ; or, 
Id. On confession in open court. 69. 
§ 1. Under the common law of England, and under an old Eng- 
lish statute as far back as the time of Edward III., there were 
seven distinct crimes that came under the head of treason. To 
imagine the king's death, to counterfeit the king's seal, cr to coun- 
terfeit the king's coin, was treason. The English jurists were some- 
times puzzled to determine precisely what was treason. 

§ 2. The Constitution of the United States, therefore, wisely 
gives a concise definition of this crime as against the General Gov- 



258 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

ernment. Our Constitution recognizes no such offense as construe' 
tive treason, as was the case with the ancient common law of Eng- 
land. There are but two ways that treason can be committed 
against the United States, and these are denned with such precision 
as to leave no room for cavil or doubt. Levying war against the 
United States, or adhering to their enemies, giving them aid and 
comfort, is treason. 

§ 3. Very early in our history, the Supreme Court of the United 
States had occasion to define what is to be understood by the phrase, 
"levying war." On that occasion, the court said, " However flagi- 
tious may be the crime of conspiring to subvert by force the govern- 
ment of our country, such conspiracy is not treason. To conspire 
to levy war, and actually to levy war, are distinct offenses. The 
first (levying war) must be brought into open action by the assem- 
blage of men for a purpose treasonable in itself, or the fact of levy- 
ing war can not have been committed. 

§ 4. " It is not the intention of the court to say that no individual 
can be guilty of this crime who has not appeared in arms against 
his country. On the contrary, if war be actually levied, that is, if 
a body of men be actually assembled for the purpose of effecting by 
force a treasonable purpose, all those who perform any part, however 
minute, or however remote from the scene of action, and who are 
actually leagued in the general conspiracy, are to be considered as 
traitors ; but there must be an actual assembling of men for the 
treasonable purpose to constitute a levying of war. ' ' 

§ 5. The Constitution is humane to the accused, in requiring the 
strictest proof for the establishment of his guilt. There must be 
two witnesses, at least, to the same overt act, unless the prisoner 
make confession in open court. Confessions out of court, though 
testified to by any number of witnesses, are not sufficient. Confes- 
sions (out of court) are said to be the weakest and most suspicious 
of all testimony ; ever liable to be obtained by artifice, false hopes, 
promises of favor, or menaces; seldom remembered accurately or 
reported with due precision, and incapable in their nature of being 
disproved by other negative evidence. 1 There must, as there should, 

1 Black. Comra., 4 v., 357. 



Part II.] PERSONAL EIGHTS. 259 

be a concurrence of two witnesses to the same overt act, that is, 
open act of treason, who are above all reasonable exception. 1 

The power of Congress to declare the punishment of treason was 
noticed in Chap. IV., Art. IV., Part II. 

ART. VII. — OFFICIAL IMMUNITIES. 

Freedom. 

1. From Arrest. — Members of Congress shall in all cases, 

except treason, felony, and breach of the peace, be 
privileged from arrest, 

1st. During attendance at their respective houses; 

2d. Wliile going to and returning from the same. 

2. Or Speech. — For any speech or debate in either house, 

they shcdl not be questioned in any other place. Sl« 
§ 1. Although freedom from arrest is here classed under the title 
of " Personal Rights," as it relates to members of Congress, yet it 
is as much the right of their constituencies, and of the houses of 
which they are members, as it is the right of the members themselves. 
It is an official immunity. It is a right universally accorded to 
members of legislative bodies in all countries, and in all the States 
of this Union. They can be arrested for crime only. Blackstone 
says, " It has immemorially constituted a privilege of both houses 
of the British Parliament." 

§ 2. Thomas Jefferson says, "It seems absolutely indispensable 
for the just exercise of the legislative power in every nation purport- 
ing to possess a free Constitution of government ; and it can not be 
surrendered without endangering the public liberties as well as the 
private independence of the members." Of course, an arrest of a 
member of Congress would prevent the performance of his duties in 
the house of which he was a member. His constituency would be 
left without representation. The public interests, which are always 
considered paramount to private, must suffer for want of attention. 
The privilege is considered not that of the member or of his con- 
stituents only, but a privilege of the house also. 

i Story on Const., § 1,802. 



2QQ ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

§ 3. And, for the purpose of securing entire freedom of discussion, 
no member of either house can legally be questioned elsewhere for 
any thing which he may see fit to utter in debate in his place as a 
member ; that is, he can not legally be called to account before the 
courts, no matter how much he may slander private character. Of 
course, this is a right which may be, and sometimes is, abused. But 
the public interests may require the most critical and searching 
examinations into personal and official qualifications of individuals 
proposed as candidates for public stations of grave responsibility. 
Members should be allowed to perform these duties without fear of 
future personal retribution. 



CHAPTER XII. 

EXECUTIVE DEPARTMENT. 

ART. I. — IN WHOM VESTED. 

In a President of the United States of America. 53, 

§ 1. Under the Confederation, there was no such officer as a 
President of the United States. There was an Executive Committee 
of thirteen, one from each State, having no power except during 
the recesses of Congress. Congress possessed the executive power 
while in session. Alexander Hamilton says in " The Federalist, ' ' 
"There is hardly any part of the system [of government], the 
arrangement of which could have been attended with greater diffi- 
culty ; and thare is none which has been inveighed against with less 
candor, or criticised with less judgment." These remarks were 
made while the Constitution was before the people for deliberation. 

§ 2. Energy in the Executive is one indispensable characteristic 
in the definition of good government ; for the duty of this depart- 
ment is to see that the laws are faithfully and promptly executed. 
A feeble Executive implies a feeble execution of the government. 
A feeble execution is but another phrase for a bad execution ; and 
a government ill executed, whatever it may be in theory, must be a 
bad government in practice. 1 

1 Federalist, No. 72. 



Part II.] executive depaktment. 261 

§ 3. It was a subject of much and earnest debate in the Conven- 
tion that formed the Constitution, whether this department should be 
placed in the hands of one, or in the hands of several. No subject 
wa3 more thoroughly discussed in that body. It was maintained that 
energy would be most likely to be secured by unity of executive, and 
that wisdom would be most likely to be secured by a plurality ; and 
that the latter would be most likely to command the confidence of 
the people. 

§ 4. As the executive prerogative is limited to the faithful execu- 
tion of the laws after they shall have been duly enacted and pro- 
mulgated, it was doubtless most judicious that the executive power 
should be vested in a single individual. It gives a stronger sense 
of personal responsibility. No discretion is submitted to the execu- 
tive officer as to the wisdom or expediency of the law. What has 
once been declared to be law, under all the cautious forms of delib- 
eration prescribed by the Constitution, ought to receive prompt 
obedience. 1 

ART. II. — TERM. 

He shall hold his office during the term of four years. 53. 

§ 1. This was a subject on which there was a great variety of 
opinion in the Convention. There were those who favored the prop- 
osition that the Executive should hold his office for life, or during 
good behavior. At one stage of the proceedings, seven years was 
fixed as the duration of the term. The term of four years was 
finally fixed upon as a compromise ; for there were members in 
favor of one year, others in favor of two, and others three years. 

§ 2. The term of four years is intermediate between the term of 
office of the Senate and that of the House of Representatives. In 
the course of one presidential term, the House is, or may be, twice 
recomposed, and two-thirds of the Senate changed or re-elected. 2 
The executive term should not be so short as to be constantly 
changing from one incumbent to another, giving the government no 
opportunity to test by experience the policy of its measures ; nor, 
on the other hand, should it be so long as to allow an obstinate 

1 Kent's Comm., Lect. 13. 3 Story on the Const., 5 1,438. 



262 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

and corrupt Executive, should the country unfortunately be cursed 
with one, to bring on wide-spread mischief and disaster. 

§ 3. The Presidential term commences on the fourth day of March 
next after the President's election ; and in case of his death, remov- 
al, or resignation, during his term, the person who succeeds to the 
duties of the office serves the unexpired portion of the term only. 

ART. III. — ELIGIBILITY. 

1. He must have attained to the age of thirty -five years. 

2. Must have resided within the United States fourteen 

years. 

3. He shall be a natural-born citizen ; or, 

4. A citizen of the United /States at the time of the adop- 

tion of the Constitution. 5©. (See appendix D.) 
§ 1. The age required was regarded as necessary to give the can- 
didate for this office sufficient time to demonstrate his character, and 
to enable his fellow-citizens to judge of his fitness for the high posi- 
tion of chief executive of a great nation. The mental faculties are 
usually in full vigor at this age ; and opportunities must have been 
afforded for long public service, and for varied and large experience 
in the public councils. 

§ 2. Fourteen years' residence in the United States is intended 
not only to give opportunity for an extensive acquaintance on the 
part of his fellow-citizens with the candidate for this office, but also 
to furnish him with the requisite knowledge of the wants and insti- 
tutions of the country. Besides, it may be presumed that a citizen 
whose residence has been chiefly abroad may not only be deficient 
in affection for his own country, but may have become partial to 
the institutions of other countries with which he has long been 
familiar. 

§ 3. The Constitution requires that the President shall be a 
natural- born citizen of the United States, or a citizen at the time of 
the adoption of the Constitution. This is an important restriction, 
when we consider the sacredness of the trust committed to the 
charge of the Executive. It will be useless for ambitious foreigners 
to intrigue for the office, as this qualification of birth cuts off all 



Part II.] EXECUTIVE DEPAKTMENT. 263 

those inducements from abroad, to corruption, negotiation, and war, 
which have frequently and fatally harassed the elective monarchies 
of other countries. 1 

§ 4. But, through the bloody struggle of the American Revolu- 
tion, our fathers were greatly assisted by the aid of many citizens 
who were natives of other countries. They had espoused our cause, 
fought and bled in our interests, had become naturalized citizens, 
and had proved their attachments to our institutions beyond all doubt. 
It would bave been ungenerous and ungrateful to have excluded 
this class of citizens from all possibility of attaining to any office, 
however exalted, under a government which they had sacrificed so 
much to establish. Hence this saving clause of the Constitution, 
that, if a person was a citizen of the United States at the time of the 
adoption of that instrument, he became eligible to the Presidency. 
But, by the lapse of time, this clause has become practically obsolete. 

§ 5. The President is eligible to re-election without limitation : 
thus far, however, there has never been a second re-election. In 
the Constitutional Convention, there was a strong feeling in favor of 
a provision prohibiting a re-election ; but this gave way when it was 
decided to limit the term to four years. 

ART. IV.— ELECTION. 
1.- ELECTORS. 

1st. Bach State shall appoint electors of President and 
'Vice-President in such manner as the legislature 
thereof may direct. 
2d. The number of electors shall equal the number of sena- 
tors and representatives to which the State may be 
entitled in Congress. 54. 
§ 1. In the Convention that formed the Constitution, the original 
scheme for electing the President was by the two houses of Congress, 
or by the National Legislature, whether that should be composed of 
one or two houses. This plan was adopted by eight States for to 
two against it. Afterwards it was voted by six States against three, 
one being divided, to choose the President by electors to be appoint- 
ed by the several States. 

1 Kent's Comm., Lect. 13. 



264 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

§ 2. It was then decided, by eight States to two, that the electors 
should be appointed by the legislatures of the several States. After 
this, the plan of electing the President by Congress was restored by 
a vote of seven States against four. Subsequently it was again 
changed to the mode of electing by electors, by a vote of nine 
States against two. Leaving it to the legislature to direct as to the 
manner of appointing electors was carried by a vote of ten States 
against one. 

§ 3. The election of the electors of President and Vice-President, 
with a single exception, is now confided to the people of the several 
States. 1 Thus the sense of the people operates in the choice of the 
Chief Magistrate with much more certainty than it would were the 
choice of electors confided to a pre-existing body. The immediate 
election of the President and Vice-President is committed to men 
chosen for that specific purpose. A small number of persons select- 
ed by their fellow-citizens from the general mass will be most likely 
to possess the information and discernment requisite to so complicat- 
ed an investigation. 2 We have seen in Chap. VII., Part II., of 
this work, that no senator, representative, or other person holding & 
place of trust or profit under the United States, can be an elector of 
President and Vice-President. 

§ 4. The number of electors corresponds with the number of 
senators and representatives to which the States are respectively en- 
titled in Congress. Thus each State has about the same influence 
in the election of President and Vice-President that it has in the 
national councils. 

2. — PROCEEDINGS OF ELECTORS. 

1st. They shall meet in their respective States. 

2d. They shall vote by ballot for President and Vice-Pres- 
ident of the United States, at least one of whom shall 
not be an inhabitant of the same State with themselves. 

3d. They shall name in their ballots, 

1st. The person voted for as President / and, 
2d. The person voted for as Vice-President. 

1 In South Carolina, electors are elected by the State legislature. 

2 Federalist, No. 68. 



PART II.] EXECUTIVE DEPABTMENT. 265 

4th. They shall make distinct lists of all persons voted for, 
1st. As President ; 

2d. As Vice-President ; and the number of votes for 
each. 
6th. The electors shall sign and certify the lists. 
6th. They shall transmit the lists sealed to the seat of gov- 
ernment of the United States. 
7th. The lists shall be directed to the President of the Sen- 
ate. ©4. 

§ 5- This matter of the meeting of the electors in their respective 
States is a mere matter of form. No discussion of the merits of 
the candidates for President and Vice-President takes place ; and, 
indeed, none is expected. The electors are chosen wholly with 
reference to particular persons who have been put in nomination at 
a convention called for that purpose ; and the electors are pledged to 
vote for these nominees, and are in no sense at liberty to vote other- 
wise. The object of appointing electors was, by the authors of the 
Constitution, to give opportunity for deliberation, and for cautiously 
analyzing the characters of candidates for these high trusts ; but 
this object has been wholly defeated by the practices of the political 
parties arrayed against each other. 

§ 6. Hence the meeting of the electors, as before stated, is a mere 
matter of form. Nothing is left to the electors but to cast their 
votes according to previous pledges ; and any exercise of an inde- 
pendent judgment would be treated as political usurpation, dishonor- 
able to the individual, and a fraud on his constituents. 1 

§ 7. Congress, it will be remembered, has the power to determine 
when the States shall choose the electors, and to appoint the day on 
which they shall give their votes ; which day must be the same 
throughout the United States. March 1, 1792, the year of Gen. 
Washington's second election, Congress passed an act on this sub- 
ject, declaring that the electors shall be appointed within thirty-four 
days preceding the first Wednesday in December of each year when 
electors were to be appointed. This act did not specify the day on 
which they should be appointed. It specified the day, however, for 

1 Story on Const., § 1,463. 



266 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

the electors to give their votes ; which is the first Wednesday in 
December next after their election. 

§ 8. But Jan. 23, 1845, Congress passed another act, amenda- 
tory of the first, fixing the day on which electors should be elected 
throughout the United States. That day is the Tuesday next after 
the first Monday in the month of November of the year in which 
they are chosen. The day on which the electors are to give their 
votes was not changed by this amendment, but remains the first 
Wednesday of December next after their election. 

§ 9. By this act, each State may provide by law for filling vacan- 
cies, if any occur, when the electors meet to give their electoral 
votes. The States may each provide by law also for appointing 
electors afterwards, if an election of electors on the day prescribed 
by Congress results in a failure to elect one or more of the electors. 

§ 10. By this act of March 1, 1792, the electors of each State 
are to meet at such place as the legislature thereof may designate, 
and give their votes by ballot for President and Vice-President. 
They are then to make and sign three certificates of all the votes by 
them given, and they are to seal them up. They are to certify on 
each certificate that a list of the votes of their States respectively 
for President and Vice-President is contained therein. 

They shall appoint a person to take charge of and deliver one of 
the same certificates to the President of the Senate at the seat of gov- 
ernment before the first Wednesday of January then next ensuing. 

Another of the certificates is to be forwarded forthwith by mail 
to the President of the Senate at the seat of government. 

The third certificate is to be delivered to the judge of the district 
court in which the electors assemble. 

3.— PROCEEDINGS IN CONGRESS. 

1st. The President of the Senate shall open all the certificates 
in the presence of both houses of Congress. 

2d. The votes shall then be counted. 

3d. The person having the greatest number of votes for 
President shall be {declared elected^ President, if 
such number be a, majority of the whole number of 
electors appointed. ®<4. 



Part II.] EXECUTIVE DEPARTMENT. 267 

§11. It will be observed, that although the lists of persons voted 
for as President and Vice-President are directed to the President of 
the Senate, yet he must open them in the presence of both houses. 
This gives dignity and insures fairness in the proceeding. The 
votes are counted by tellers appointed for that purpose by the Presi- 
dent of the Senate. The proceeding takes place in the House of 
Representatives. 

§12. No person can be declared elected who does not receive a 
majority of the whole number of electors appointed. Usually there 
are but two candidates in the field, each placed in nomination by 
the political party with whose principles he is identified ; but it has 
sometimes happened that three or more were placed in nomination. 
In such cases, it might be quite likely that no candidate would re- 
ceive a full majority of all the electoral votes. Such was the case 
in 1825, at the election for the tenth Presidential term. Four can- 
didates were in the field, neither of whom received a majority of all 
the electoral votes : so there was a failure to elect a President by 
the people. The Constitution has made provision for such cases by 
referring the election to the House of Representatives as a last 
resort. 

4. -HOUSE OF REPRESENTATIVES. 

1st. If no person have such majority, then the House of Rep- 
resentatives shall choose immediately the President. 
2d. He shall be chosen from the persons having the highest 
numbers, not exceeding three, on the list of persons 
voted for as President. 
3d. Tlxe election in such cases shall be by ballot. 
4th. The vote shall be taken by States. 

bth. The representation from each State shall have one vote. 
6th. A quorum for this purpose shall consist of a member or 

members from tico-thirds of the States. 
1th. A majority of all the States shall be necessary to a 
choice. 94. 
§ 13. When the people fail to elect a President through their elect- 
ors, it would seem proper that the choice should devolve on the 
House of Representatives. This seems to be the most appropriate 



268 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

body, as the members of which it is constituted are chosen by the 
popular voice, and are the more immediate representatives of the 
people. But, when the election takes place in the house, the selec- 
tion must be made from the persons already voted for by electoral 
vote. The house is not at liberty to take up a new candidate, and 
their selection must be confined to those receiving the highest num- 
bers, not exceeding three, on the list of persons voted for as President. 
This provision is made for the purpose of excluding from the list all 
such persons as receive but a small number of the electoral votes. 

§14. The vote must be taken by ballot and by States ; each State 
having but one vote. The mode of voting by States, if the choice 
should fall to the House of Representatives, was but a just compen- 
sation to the smaller States for their loss in the primary election. 
When the people vote for the President, it is manifest that the large 
States enjoy a decided advantage over the small States ; and thus 
their interests may be neglected or sacrificed. To compensate them 
for this, in the eventual election by the House of Representatives, a 
corresponding advantage is given to the small States. It was, in 
fact, a compromise. 1 

There is no injustice in this ; and, if the people do not elect a 
President, there is a greater chance of electing one in this mode 
than there would be by a mere representative vote according to num- 
bers, as the same divisions would probably exist in the popular 
branch as in their respective States. 2 

It may be remarked here that this was the mode of passing laws 
under the Confederation. 

§15. But the house can not proceed to the election of a President 
unless at least two-thirds of the States are represented on the floor. 
A majority can transact the ordinary business of legislation ; but 
the election of a Chief Magistrate of the nation was regarded by the 
authors of the Constitution as a matter of such grave interest to the 
country, that they did not hesitate to insert this provision with 
unanimity. A majority of all the States is necessary to a choice, 
not a majority of the States present by representation ; that is, not 
a majority of the quorum, but a majority of all the States. 

1 2 Elliot's Debates, 364. 2 Rawle on Const., chap. v. p. 54. 



Part II.] EXECUTIVE DEPARTMENT. 2G9 

§16. It may occur, "however, that even the House of Representa- 
tives shall fail to elect a President of the United States within the 
time limited for such election by the Constitution. They have three 
candidates, neither of whom, perhaps, may receive a majority of all 
the States. They may continue to vote on the question, however, 
until the fourth day of the March next following the commencement 
of their effort. But their trial may result in a failure. In such 
case, the Vice-President shall act as President, as in case of the death 
or other constitutional disability of the President. (See the next 
chapter.) 

§17. The present method of electing a President of the United 
States, which we have been considering, is in accordance with the 
provisions of the 12th Article of Amendments to the Constitution. 
This amendment was proposed by Congress in October, 1803 ; and 
was ratified so as to become a part of the Constitution before Sep- 
tember, 1804. In the copy of the Constitution found in this work, 
it is marked as paragraph 94. The original article, of which para- 
graph 94 is an amendment, is not numbered ; but it is still printed 
with copies of the Constitution, and is known as clause 3, section 1, 
of Art. II. It is inserted merely to show what it was. The article 
and amendment differ in several important particulars. 
1st. By the original article, the electors voted each for two persons 
as President. By the amendment, the electors vote for two 
persons, but designating one as President, and the other as 
Vice-President. 
2d. By the original article, two persons might each receive a majori- 
ty of the whole number of electors appointed. By the 
amendment this is impossible, as each elector votes for only 
one person as President, and one as Vice-President. 
3d. If more than one person had a majority of the electoral votes, 
and each an equal number, the election went into the House 
of Representatives on those two names. 
4th. If two candidates received each a majority of all the electoral 
votes, but one of whom received a larger vote than the other, 
the one receiving the highest vote was elected. 
5th. If no person received a majority of all the electoral votes, the 



270 ANALYSIS OP CIVIL GOVERNMENT. [Part II. 

election went to the House of Representatives; and, from the 
five highest on the list, they were to make the election. By 
the amendment, it is from the three highest on the list. 
6th. In every case, after the choice of the President, the person 
havino- the greatest number of votes of the electors, whether 
that number were a majority or not, was to be the Vice- 
President. 
7th. If two or more received an equal number, and being highest 
on the list, the election went into the Senate on these two or 
more names. Thus the Vice-President could not be elected 
until after the election of the President. 
8th. By the original article, the Senate was to elect the Vice-Presi- 
dent by ballot : this is not required under the amendment. 
9th. Under the amendment, the Vice-President acts as President if 
the House of Representatives fail to elect a President on or 
before the fourth day of March then next following, when the 
right to do so shall devolve on them ; but, under the original 
article, no Vice-President could be elected until after the 
President should be elected. 
§18. In 1801, Thomas Jefferson was elected President by the 
House of Representatives ; and, in 1825, John Quincy Adams also. 
These are the only instances in our history of the election of a Chief 
Magistrate by the House of Representatives. The protracted con- 
test in the house in 1801 between Thomas Jefferson and Aaron 
Burr, candidates for the Presidency, led to the adoption of the 12th 
Article of Amendments. The number of electoral votes for each 
of these two candidates was equal, each having a majority of the 
whole number. In accordance with the provisions of the original 
article for electing a President, the election went into the house. 
There, through thirty-five ballotings, the results were uniform ; Jef- 
forson receiving the votes of eight States, Burr of six, and two being 
divided. There were sixteen States in the Union at that time. On 
the thirty-sixth ballot, Jefferson received the votes of nine States, 
giving him a majority of the whole. 

§ 19. Jefferson was declared elected President ; and Burr, receiving 
the next highest number of votes, was declared elected Vice-Presi- 



Pakt II.] EXECUTIVE DEPARTMENT. 271 

dent. The whole country was violently agitated during the contest, 
which lasted several weeks. Before the next Presidential election 
occurred, the amendment was adopted which rendered it impossible 
that another contest of such exciting interest should occur, as a 
Vice-President can be elected under the amendment without any 
reference to the election of President ; and he would perform the 
duties of President, as we shall see in the next chapter. 

§20. But one President has been elected by the House of Repre- 
sentatives, as before stated, under the amendment. This was the 
case of John Quincy Adams in 1825, a brief history of which is 
given in Chap. I , Art. IX., Part II., of this work. 



ART. V. — OATH OF OFFICE. 

Before he enter on the execution of his office, he shall 
swear or affirm, 

1. That he will faithfully execute the office of President of 

the United States ; and, 

2. That he icill to the best of his ability preserve, protect, 

and defend the Constitution of the United States. «59. 
There is little need of comment on this clause. No man can 
well doubt the propriety of placing a President of the United States 
under the most solemn obligations to preserve, protect, and defend 
the Constitution. It is a suitable pledge of his fidelity and respon- 
sibility to his country, and creates upon his conscience a deep sense 
of duty, by an appeal at once, in the presence of God and man, to 
the most sacred and solemn sanctions which can operate upon the 
human mind. 1 

ART. VI. — HOW REMOVABLE. 

He shall be removed from office on impeachment for and 
conviction of treason, bribery, and other high crimes and 
misdemeanors. 45 Jr. 

(The subject of impeachments is treated in Chap. I., Art. IX., and 
Chap. II., Art. X., Part II.) 

1 Story on Const, § 14S8. 



272 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

ART. VII. — SALARY. 

He shall receive for his services, at stated times, a compen- 
sation which shall neither be increased nor diminished during 
the term for which he shall have been elected. «58. 

§ 1. Without this clause, the Executive would be dependent for 
his support on the will of Congress. By securing their favor, his 
salary might be greatly enlarged ; and, by incurring their displeasure, 
it might be greatly diminished. If Congress were allowed a dis- 
cretionary power over the salary of the Executive (as men of high 
station are not always beyond the reach of temptation), his approba- 
tion of legislative measures might sometimes depend on the liberal- 
ity of legislative appropriations. There are men who could be 
influenced by no such mercenary motive*; but, on the other hand, 
instances of historic notoriety, even in this countiy, might be cited 
in proof of the purchase of Executive favor through the seductive 
allurements of pecuniary considerations. 

§ 2. As the Executive salary is in the beginning of his term, so 
it must remain to the end. Congress has no power to alter it, by 
increase or diminution, to take effect before a new election and a 
new period of service shall begin. The first year of Washington's 
first term, Sept. 24, 1789, the President's salary was fixed at 
twenty-five thousand dollars a year. Feb. 18, 1793, an act was 
passed permanently establishing the President's salary at this sum. 
But he has the White House, which is the Executive Mansion, rent 
free. The house is also furnished for him and taken care of, the 
grounds cultivated, his fuel and light provided, and many other 
things at the expense of the public treasury. 

ART. VIII. — POWERS AND DUTIES. 
1. — MILITARY. 

1st. He is commander-in-chief of the army and navy of the 

United States. 
2d. Also of the militia of the several States when called into 

the actual service of the United States. GO. 
§ 1. It is not to be inferred from this article that the President is 
actually to take command in person in case of war. This is not the 



Part II.] EXECUTIVE DEPARTMENT. 273 

intention; though he has the power, were he so disposed. It might 
be proper that the President should actually place himself at the 
head of an army in the field, were he known to be an experienced 
and skillful military commander. Such has not been the practice, 
however, either in our foreign or domestic wars, or in our border 
warfare with the Indians. 

§ 2. Though the President does not take the field in person, there 
is a sense in which he takes command of the army and navy. He 
directs the application of the military force in the execution of the 
laws, in maintaining peace at home, and in resisting foreign aggres- 
sion. These duties are of an executive character, and are properly 
vested in the President, that unity of plan, promptitude, activity, 
and decision, may be seemed. 

§ 3. For the same reasons, the Executive is made commander- 
in-chief of the militia of the several States when called into the actual 
service of the United States. The chief military dependence of the 
United States, especially in a protracted and formidable war, must be 
on the militia of the several States. The standing army is constituted 
of but a few thousands at most ; while, if necessary, the militia may 
be called forth by the million. In order that there may be unity of 
action, uniformity of training and discipline, and concert of purpose, 
it is necessary that regulars and militia should be subordinate to a 
single head. 



1st. DEPARTMENTS. 

He may require the written opinion of the principal 

officers in each of the executive departments on 

any subject relating to the duties of their respective 

offices. 60. 

§ 4. Tlie authors of the Constitution inserted this power from 

abundance of caution ; and some of them considered it as a mere 

redundancy in the plan, as the right for which it provides would 

result itself from the office. The powers and duties of the various 

executive departments will be further considered in Chap. XV. 

of Part II. 

18 



274 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

2d. — Reprieves and Pardons. 

He shall have power to grant reprieves and pardons for 
offenses against the United /States, except in cases of 
impeachment. ©O. 

§ 5. A reprieve is the temporary suspension of the execution of 
sentence, especially the sentence of death. A pardon is the remis- 
sion of a penalty, and a release of the offender from punishment. 
Reprieves may become necessary or expedient on account of doubts 
of guilt, arising from the discovery of new testimony after sentence, 
and before execution ; or considerations of public policy may require 
a like interference. The same reasons might justify the grant of a 
full pardon. Discretionary power over such cases should be vested 
somewhere, " as the law can not be framed on principles of compas- 
sion to guilt." The chief executive magistrate should be allowed 
to hold a court of equity in his own breast, to soften the rigor of the 
general law in such criminal cases as may merit an exemption from 
punishment, or as may properly plead for temporary delay of execu- 
tion of sentence. 

§ 6. In monarchical countries, this prerogative belongs to the 
sovereign. It can not be denied, that, in a republic, it should be 
vested in the hands of the chief executive magistrate, if the power 
is to be exercised at all. In the administration of human govern- 
ment, the exercise of the benign power of reprieve and pardon may 
often become necessary from motives of humanity and good policy. 
" The criminal code of every country partakes so much of necessary 
severity, that, without an easy access to exceptions in favor of unfor- 
tunate guilt, justice would wear a countenance too sanguinary and 
cruel." 

3d. — Treaties. 

He shall have power, by and, icith the advice and con- 
sent of the Senate, two-thirds of the members present 
concurring, to make treaties. 01. 
(The word " treaty " is denned in Chap. II., Art. X., Part II.) 
§ 7. In forming treaties, the entire plan, with all its conditions 
&nd stipulations, is settled through the President on the part of the 



Past II.] EXECUTIVE DEPARTMENT. 275 

United States ; the President acting through the agency of ambas- 
sadors and foreign ministers duly accredited by our government. 
The entire proposed treaty, in outline and detail, with all necessary 
drawings, maps, and documents, is submitted to the Senate by the 
President. The Senate discusses it in secret session. 

§ 8. Secrecy and dispatch being essential to success in the nego- 
tiation of treaties, it would be unsafe to trust the preliminaries to a 
body constituted of a large number of persons. The hazard of ex- 
tensive publicity would be imminent ; and such publicity in the early 
stages of the proceeding would be likely to defeat the enterprise. 
It would not be strange should it encounter the intrigues and inter- 
ferences of jealous and interested neighboring nations. No treaty 
can be complete, on the part of our government, until ratified by 
the Senate. 

4th. — Appointments. 

He shall nominate, and, by and with the advice and 
consent of the Senate, appoint, 

1st. Ambassadors, other public ministers, and con- 
suls ; 
Id. Judges of the Supreme Court ; 
Zd. All other officers of the United States whose 
appointments are not otherwise provided 
for in the Constitution, and which shall 
be established by law. 6£. 
§ 9. The President bas the exclusive power of selection of the 
officers named in this article, though his first choice may not be con- 
firmed by the Senate. In such case, he may select again and again 
until his nominee shall be confirmed. The Senate has no power of 
selecting : they can only act on such names as shall be presented by 
the Executive. In Art. XII., Chap. IV., Part II., we have seen 
that Congress has the power to vest the appointments of such infe- 
rior officers as they think proper, either in the President alone, the 
courts of law, or the heads of departments. That power is general- 
ly regarded as somewhat modifying the power given in this article, 
though it does not define what classes are to be considered as " in- 



276 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

ferior officers.' v Congress early came to the decision, however, that 
" inferior officers " did not include the heads of departments. 

§ 10. When nominations are made by the President, they are pre- 
sented to the Senate in writing ; and this body acts upon them in 
secret session, and under the injunction that discussions on their 
merits or the qualifications of the nominees shall be kept secret. A 
numerical majority of the Senate decides the question of confirma- 
tion or rejection of the candidate nominated. If the nominee is 
confirmed, or the nomination ratified, the President issues a commis- 
sion accordingly, unless, in the mean time, he has concluded to 
decline it, which he is at liberty to do ; in which case, he may make 
another nomination. 

§ 11. The responsibility of the Senate and the President is dis- 
tinct. He can never be compelled to yield to their appointment of 
a man unfit for office ; and, on the other hand, they may withhold 
their advice and consent from any candidate, who, in their judgment, 
does not possess due qualifications for office. But it is not expected 
that the Senate will ordinarily fail of ratifying the appointment of a 
suitable person for the office. 1 

§ 12. The power of removal from offices filled by the united 
authority of President and Senate has, for the most part, been con- 
ceded to the President alone. Grave doubts of the propriety of 
this, however, have been expressed by prominent and distinguished 
statesmen from the earliest period of our history, under our present 
Constitution. Many have contended, that, since the Constitution is 
silent on the subject, it should require the same power to remove 
that it does to appoint, especially while the Senate is in session. 

§ 13. March 2, 1867, an act of Congress was passed, regulating 
the tenure of certain civil offices. By this act, persons holding or 
appointed to any civil office by and with the advice and consent of 
the Senate shall be entitled to hold such office until a successor is 
appointed in like manner and duly qualified. The heads of execu- 
tive departments, and also the Attorney-General, shall hold their 
offices respectively for and during the term of the President by whom 

1 Story on Const., §1,531. 



Part II.] EXECUTIVE DEPARTMENT. 277 

they may have been appointed, and for one month thereafter, subject 
to removal by and with the advice and consent of the Senate. The 
President, for cause shown, can suspend, during the recess of the 
Senate, any civil officers thus appointed, until the next meeting of 
that body, and until such suspension be acted upon by them. 
Judges of the United-States courts are excepted from the operation 
of this provision. 

§ 14. In such case, it is made the duty of the President, within 
twenty days after the meeting of the Senate, to report to the Senate 
such suspension, with the evidence and reasons for his action in the 
ease. If the Senate concurs, the President may remove the officer, 
and appoint a successor. If the Senate does not concur, the sus- 
pended officer resumes his office, and receives again the official salary 
and emoluments. 

§ 15. An ambassador is a minister of the highest rank, employed 
by government to represent it, and to manage its interests, at the 
court or seat of government of some other power. The word " min^ 
ister," as used in the Constitution, has nearly the same signification 
as "ambassador," especially minister plenipotentiary. A consul 
is a person commissioned to reside in a foreign country, as an agent 
or representative of a government, to protect the rights, commerce, 
merchants, and seamen of the State, and to aid in any commercial, 
and sometimes in diplomatic, transactions with such foreign country. 

bth. Vacancies. 

He shall have the power to Jill all vacancies that may 

happen during the recess of the Senate, by granting 

commissions which shall expire at the end of their 

next session. 6^. 

§ 16. Vacancies are liable to occur during the recesses of the 

Senate, as that body is not in perpetual session ; and, unless there 

were some power to fill the vacancies, of course the interests of the 

country might suffer. While the Senate is in session, the President 

has no such authority. All appointments made under this clause 

expire at the end of the next session of the Senate ; and it is held 

that if the President nominates to the same office one whom he has 



278 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

appointed, and the Senate ratifies the nomination, it is a new ap- 
pointment, for which a new commission must be given, and for the 
faithful performance of the duties of which new bonds must be filed. 

6th. Messages. 

1st. He shall from time to time give Congress infor- 
mation of the state of the Union ; and, 
2d. Shall recommend to their consideration such 
measures as he shall deem necessary and ex- 
pedient. 63. 

§ 17. This clause is on the subject usually known as the messages 
of the President. He enjoys sources of information on all subjects, 
foreign and domestic, far superior to those belonging to any other 
branch of the government. Out of the first part of this clause has 
come the practice of delivering to Congress the annual messages ; 
and out of the second, the practice of delivering occasional special mes- 
sages. On account of his intimacy with the heads of departments, 
he may be presumed to be in possession of valuable information re- 
garding the workings of the laws, the systems of trade, finance, 
and the operations of the judiciary, military, naval, and civil estab- 
lishments of the Union. It is in the highest degree proper that 
information on these matters, in the most practical form, should be 
communicated to Congress, and that the President should recom- 
mend such measures as he may deem necessary for the correction of 
any defects which may have become apparent. 

§ 18. The practice in the time of Washington and John Adams 
was for the President, at the opening of each session of Congress, 
to meet both houses in person, and deliver a speech to them, con- 
taining his views on public affairs, and his recommendations of meas- 
ures. On other occasions, he simply addressed written messages to 
them, or either of them, according to the nature of the message. 
To the speeches thus made a written answer was given by each 
house ; and thus an opportunity was afforded by the opponents of 
the administration to review its whole policy in a single debate on the 
answer. That practice was discontinued by President Jefferson, 
who addressed all his communications to Congress by written mes- 



Part II.] executive depaktment. 279 

sages ; and to these no answers were returned. 1 Jefferson's inno- 
vation has been followed by all succeeding Presidents. 

7 th. Congress. 

1st. On extraordinary occasions, he may convene 

either or both houses of Congress. 
2d. In cases of disagreement beticeen them xoith 
respect to the time of adjournment, he may 
adjourn them to such time as he shall think 
proper. 6«§. 
§ 19. Events may occur, entirely unforeseen by the Congress at 
its last session, imperiling the interests of the country, and requir- 
ing the immediate convocation of that body. An event of this kind 
transpired in the month of April, 1861, from the date of which 
hostilities became general between the North and the South. Presi- 
dent Lincoln summoned Congress to meet the fourth day of the 
following July. That the power to call a meeting of Congress 
should be vested somewhere, there can be no doubt ; and that it 
should be committed to the discretion of the Executive, all agree. 

§ 20. It might be barely possible that Congress should fail to 
agree on the time of adjournment ; and, should such an exigency 
arise, there can be no doubt that the Executive is the most suitable 
third party to interfere for the peaceable termination of the contro- 
versy. In England, the sovereign always prorogues the parliament. 

8th. Reception. 

He shall receive ambassadors and other public minis- 
ters. 63. 
§ 21. The President, by and with the advice and consent of the 
Sanate, appoints ambassadors, other public ministers, and consuls, 
to represent the interests of the United States in other countries ; 
but he receives these classes of agents and representatives of other 
countries without the advice and consent of the Senate. Although 
this clause does not include consuls expressly, yet the power is 
inferred, both from other parts of the Constitution and from the 

1 Rawle on Const., ch. 16. 



280 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

general nature of executive duties. Consuls are not diplomatic 
but commercial agents. 

§ 22. The reception of ambassadors and other public ministers is 
a recognition of the national character and standing of the countries 
which they represent. Their reception may, therefore, become a 
very nice and delicate question with the Executive. The Executive 
is not obliged to receive an ambassador or public minister, even 
though he comes clothed with proper authority from a nation with 
whom we are at peace, and which is recognized among the great 
family of nations. A refusal is not a just cause of war, nor even 
of offense in the national sense ; though it might be deemed an un- 
friendly act were it not accompanied by friendly explanations. 

§ 23. A refusal is sometimes made on the ground of the bad 
character of the minister, or his former offensive conduct, or of the 
subject of the embassy not being proper, or convenient for discus- 
sion. But a much more delicate occasion is when a civil war breaks 
out in a nation, each party claiming the sovereignty of the whole, 
and the contest has not yet been settled between the contending 
parties. In such a case, a neutral nation may very properly with- 
hold its recognition of the supremacy of either party, and refuse to 
receive a minister from either. 1 Suppose Great Britain had recog- 
nized the seceded States during the Great Rebellion as an independ- 
ent nation, the United States would probably have called home their 
own minister from that country, and war might have been the result. 

9th. Execution of the Laws. 

He shall take care that the laws are faithfully exe- 
cuted. ©3. 
§ 24. This refers to the laws of the United States, and not to the 
laws of the several States. When a law has once been passed by 
all the formalities of the Constitution, it is the solemn duty of the 
President of the United States to enforce its execution, until it is 
either repealed, or declared by competent authority to be unconstitu- 
tional. He has no discretion, but must not only render obedience 
to the law himself, but must enforce its execution on all others. 

1 Kent's Com., Lect. 2. 



Part II.] VICE-PRESIDENT. 281 

Were he to refuse, he would be guilty of a high misdemeanor, and 
might be removed from office by impeachment, and otherwise pun- 
ished according to law. 

§ 25. He has ample power to execute the laws, as, for this pur- 
pose, the whole army and navy are placed at his command, and under 
his control ; and, if need be, he can call forth the militia of the 
several States to crush any armed resistance to the laws of the land. 

10?A. Commissions. 

He shall commission all officers of the United States. 
63. 

§ 26. A commission is a formal certificate of appointment issued 
by the proper authority. In this case, it is signed by the President 
of the United States, and sealed by the Secretary of State with the 
great seal of the United States. The commission recites the powers 
conferred, with definite certainty ; and it is delivered to the person 
whose appointment is made by it. 



CHAPTER XIII. 

VICE-PRESIDENT. 
ARTICLE I. — ELIGIBILITY. 

JSTo person constitutionally ineligible to the office of Presi- 
dent shall be eligible to that of Vice-President of the United 
States. 96. 

§ 1. This clause is in the twelfth Article of Amendments. It was 
not in the original instrument ; and there was no necessity for it, the 
qualifications of the President being defined therein. There was 
no such thing as a candidate for the Vice-Presidency ; but both 
candidates were for the Presidency. 

§ 2. As the Vice-President may be called upon to act as Presi- 
dent, the former should have the same qualifications as the latter. 
Three times since the adoption of the Constitution, the Vice-Presi- 
dent has become acting President on account of the death of the 
President. John Tyler succeeded to the Presidency in 1841, by 



282 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

the death of President Harrison ; Millard Fillmore in 1850, by the 
death of President Taylor; and Andrew Johnson in 1865, by the 
death of President Lincoln. 

ART. II. - ELECTION. 

1. In Congress. 

The person having the greatest number of votes for 
Vice-President shall be the Vice-President if such 
number be a majority of all the electors appointed. 9«5. 

2. In Senate. 

1st. Jf no person have a majority as Vice-President, 
then, from the two highest numbers on the list of 
persons voted for as such, the /Senate shall choose 
a Vice-President. 
2d. A quorum for this purpose shall consist of two- 
thirds of the whole number of senators. 
3d. A majority of the whole number of senators shall 
be necessary to a choice. 05. 
§ 1. The first part of this article refers to the proceedings in 
Congress on opening and counting the electoral votes for President 
and Vice-President of the United States. It will be remembered, 
that, if no person receives a majority of all the electoral votes for 
President, the election of that officer devolves on the House of Rep- 
resentatives. But the house does not elect the Vice-President if 
there is a failure to elect that officer by the majority of the electoral 
votes. In such case, the Senate elects the Vice-President. The 
only instance of this kind in our history was the election of Richard 
M. Johnson in 1837. 

§ 2. As just stated, the Senate chooses the Vice-President if no 
candidate for that office receives a majority of all the electoral votes. 
The Vice-President is not now, as formerly, a competitor for the 
office of President. There is scarcely a possibility that the Senate 
can fail to elect the Vice-President, as they must confine their votes 
to the two highest candidates on the list of persons voted for as such 
by the electors. The only chance is, that possibly the Senate might 
be equally divided, and that there might be no Vice-President in 



Part II.] VICE-PRESIDENT. 283 

the chair to give the casting vote ; but such a contingency is quite 
too improbable to merit serious discussion, especially as the Senate 
would be at liberty to repeat the trial to elect until they should be 
successful. 

§ 3. As the Vice-President is the President of the Senate, it 
seems proper that the Senate should elect this officer in case of fail- 
ure to elect by the electors. The proceeding is judiciously guarded 
in requiring two-thirds of all the members of the Senate to be present, 
and in still further requiring a majority of all the senators to secure 
an election. 

ART. III. — OATH OF OFFICE. 

He shall be bound by oath or affirmation to support the 
Constitution of the United States. 81 • 

The same reasons apply for requiring the Vice-President to act 
under the solemn obligations of an oath or affirmation that apply to 
all other Federal officers and to the members of the National 
Council. 

ART. IV. — TERM. 

He shall hold his office during the term of four years. 53. 

The same reasons that governed in fixing the Presidential term at 
four years apply with equal force to the term of the Vice-President. 
(See Chap. XII., Art. II., Part II.) 

ART. V. — POWERS AND DUTIES. 

1. He shall be President of the Senate, but have no vote un- 

less they be equally divided. 11. 

2. In case of the removal of the President from office, or of 

his death, resignation, or inability to discharge the 
powers and duties of said office, the same shall devolve 
on the Vice-President. 57. 

3. If the House of Representatives shall not choose a Pres- 

ident, whenever the right of choice shall devolve on 
them, before the fourth day of March next following ; the 
Vice-President shall act as President. 94. 
§ 1. The duties of the Vice-President as President of the Senate 



284 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

are such as usually devolve on the presiding officer of legislative 
bodies. He is to preside over the deliberations of the Senate, en- 
force the rules of order, maintain due decorum among the members, 
and decide all questions of parliamentary practice. He submits all 
motions duly made to the Senate, puts to vote all questions brought 
forward for discussion and decision, and makes known the result. 
He also has the appointment of the standing committees ; and it is 
his duty to see that the other officers of the house faithfully dis- 
charge their duties. 

§ 2. Whenever the Vice-President succeeds to the Presidency, or 
becomes acting President, he performs all the duties of that officer 
as though he were originally elected to that office. Doubts have 
been entertained by persons entitled to great confidence, that the 
acting President who reaches that office through the Vice-Presidency 
is in fact President. But Congress has uniformly recognized the 
Executive, in such cases, as President to all intents and purposes ; 
making no distinction whatever between him and a President origi- 
nally elected as such by the people. In the articles of impeachment 
presented against Andrew Johnson, he was described as President 
of the United States ; and the committee expressly stated that 
they had thoroughly and critically discussed the propriety of this 
description of his official title. So it may be regarded as settled by 
the most authoritative precedents, that a Vice-President becoming 
acting President is President in fact. 



CHAPTER XIV. 

JUDICIAL DEPARTMENT. 

ART. I.— WHERE VESTED. 

The judicial power of the United States shall be vested, 

1. In one Supreme Court ; and, 

2. In such inferior courts as Congress may from time to 

time ordain and establish. ©5. 
§ 1. "To establish justice " was one of the principal objects to 
be attained by the formation of the Constitution. This has no ref- 



Part II.] JUDICIAL DEPAETMENT. 286 

erence to the State judiciaries, but to the creation of a national 
judicial tribunal. Under the Confederation, there was no national 
judicial department. The dispensation of justice through the State 
courts was capricious and uncertain. They were influenced by local 
interests, and therefore their decisions were various and conflicting. 

§ 2. The Constitutional Convention was unanimously in favor of 
establishing a Supreme Court, although at first there was some di- 
versity of opinion on the propriety of the plan of including inferior 
tribunals. But, after thorough and exhaustive discussion, the propo- 
sition received the unanimous approval of the Convention. 

§ 3. The establishment of inferior tribunals would seem to re- 
sult necessarily from the establishment of a Supreme Court. Re- 
course could not be had to the Supreme Court in all cases which 
might properly be subjects of Federal adjudication. It would be out 
of the power of any single court to dispose of the immense amount of 
business that would be sure to demand their attention. Without 
inferior tribunals easy of access, the sanctuary of justice would be 
closed to the great majority of American citizens. Under the au- 
thority to establish inferior tribunals, each State or district can have 
a Federal court or courts of its own, competent to the adjudication 
of all matters of Federal jurisdiction within its limits. 

§ 4. The judges of the Supreme Court at present are one chief 
justice, and nine associate justices, any six of whom constitute a 
quorum. The number of judges at the organization of the court 
in September, 1789, was six, — one chief justice, and five associate 
justices. March 3, 1837, the number was extended to nine, — one 
chief justice, and eight associate justices. March 3, 1863, the 
number was extended to ten, — one chief justice, and nine associate 
justices. This court holds one term a year in the city of Washing- 
ton, beginning the first Monday of December. 

§ 5. The United States are divided, for judicial purposes and con- 
venience, into ten circuits, and these circuits are subdivided into dis- 
tricts. Each of the judges of the Supreme Court presides at a 
circuit court, assisted by the district judge of the district court in 
which the circuit court is held. Two circuit courts are held 
annually in most of the circuits. 



286 ANALYSIS OF CIVIL GOVEKNMENT. [Part II. 

§ 6. The first circuit consists of Maine, New Hampshire, Massa- 
chusetts, and Rhode Island. The associate justice is Nathan Clif- 
ford of Portland, Me., who was appointed in 1858. 

The second consists of New York, Vermont, and Connecticut. 
Associate justice, Samuel Nelson of Cooperstown, N.Y. ; appointed 
in 1845. 

The third consists of New Jersey and Pennsylvania. Associate 
justice, Robert C. Grier of Philadelphia; appointed in 1846. 

The fourth consists of Delaware, Maryland, Virginia, West Vir- 
ginia, and North Carolina. Chief justice, Salmon P. Chase of 
Ohio ; appointed in 1864. 

The fifth consists of South Carolina, Georgia, Florida, Alabama, 
and Mississippi. Associate justice, James M. Wayne, Savannah, 
Ga. ; appointed 1835. 

The sixth circuit consists of Louisiana, Texas, Arkansas, Ken- 
tucky, and Tennessee. Associate justice, Noah M. Swayne, 
Columbus, 0. ; appointed in 1862. 

The seventh consists of Ohio and Michigan. Associate justice, 
David Davis of Bloomington, 111. ; appointed in 1862. 

The eighth consists of Illinois and Indiana. Associate justice, 
Samuel F. Miller of Keokuk, Io. ; appointed in 1862. 

The ninth consists of Wisconsin, Minnesota, Iowa, Missouri, and 
Kansas. Associate justice, Stephen T. Field of California. 

The tenth consists of California and Oregon. Associate justice, 



§ 7. As already stated, in addition to the Supreme Court, Con- 
gress has established ten circuit courts ; being one circuit for each 
of the judges of the Supreme Court. The circuit courts are " in- 
ferior courts ? ' in the Constitutional sense, and are established by 
Congress, although the presiding judge of each circuit is also a 
judge of the Supreme Court. There are several districts in each 
circuit, each having a district court, over which the district judge 
presides. 

§ 8. There is also a Supreme Court in the District of Columbia, 
having a chief justice and three associate justices. The Attorney- 
General appears in the Supreme Court of the United States, in 



Part II.] JUDICIAL DEPAKTMENT. 287 

behalf of the government, to protect its interests. There is also a 
United-States district attorney appointed for each district in which 
circuit and district courts are held, to attend, in behalf of the 
United States, to all business in court that concerns the govern- 
ment. 

§ 9. Each court has a clerk, appointed by the presiding judge ; 
also a marshal, appointed by the President with the concurrence of 
the Senate. The marshal is the ministerial officer of the court, 
serving its writs, precepts, and executing its orders, and transacting 
such business and performing such duties as usually devolve on the 
sheriff in State courts. 

Then there are four classes of Federal courts : — 
1st. The Supreme Court of the United States, established by the 

Constitution, but organized by Congress. 
2d. The circuit courts of the United States, established and organ- 
ized by Congress. 
3d. The district courts of the United States, established and organ- 
ized by Congress. 
4th. The Supreme Court of the District of Columbia, also estab- 
lished and organized by Congress. 

ART. II. — JUDGES. 

1. How Appointed. 

By the President of the United States, by and with the 
advice and consent of the Senate. ©1. 

2. Oath of Office. 

The judges shall swear or affirm that they will support 
the Constitution of the United States. 81. 

3. Tenure of Office. 

The judges of the Supreme and inferior courts shall 
hold their offices during good behavior. 65. 

4. How Removable. 

They shall be removed on impeachment for and convic- 
tion of treason, bribery, and other high crimes and 
misdemeanors. ©4. 



288 ANALYSIS OF CIVIL GOVEKNMENT. [Part II. 

5. Salary. 

The judges shall, at stated times, receive for their ser- 
vices a compensation, ichich shall not be diminished 
during their continuance in office. ©5. 
§ 1. The mode of appointing the judges has been noticed in treat- 
ing of the executive powers. The power is expressly given to the 
President in the Constitution, by and with the advice and consent 
of the Senate, to appoint the judges of the Supreme Court ; but 
nothing is said therein about the method of appointing the judges of 
the inferior courts. There is no question, however, with regard to 
the judges of the circuit courts ; for they are judges of the Supreme 
Court also. 

§ 2. But whether the judges of the district courts, and the 
Supreme Court of the District of Columbia, are inferior officers in 
the Constitutional sense, so that Congress may provide for their 
appointment, has never been settled by adjudication. But, thus 
far, the uniform practice has been to regard them not as inferior 
officers ; but their appointments have been made by the President, 
with the concurrence of the Senate, the same as judges of the 
Supreme Court. The oath of office of all Federal judicial officers 
is the same as that of officers of the other departments of govern- 
ment. 

§ 3. There are several reasons why the tenure of office of the 
judges should be made permanent and secure, depending only on 
their good behavior. 

1st. That they may be independent and fearless in the discharge of 
their responsible duties, it is necessary that they should hold 
by the will of no man, or set of men. They must feel 
dependent on no earthly power for their continuance in office. 
After appointment, were they in any manner dependent on 
executive, legislative, or popular favor, the scales of justice 
might be doubtfully balanced, and confidence in the judiciary 
would be seriously disturbed. 
2d. This independence could hardly be expected from judges who 
hold their offices by a temporary tenure. Periodical appoint- 
ments, however regulated, or by whomsoever made, would, 



Part EL] JUDICIAL DEPAETMENT. 289 

in some way or other, "be fatal to their necessary independ- 
ence. 
3d. If the power of making them were committed either to the 
executive or legislature, there would be danger of an improp- 
er complaisance to the branch which possessed it; if to 
both, there would be an unwillingness to hazard the displeas- 
ure of either ; if to the people, there would be too great a 
disposition to consult popularity, to justify a reliance that 
nothing would be consulted but the Constitution and the 
laws. 1 
§ 4. The subject of removal of Federal officers by impeachment 
has been fully considered in other places in this work. The judges 
of the Supreme and inferior courts are subject to removal for 
impeachable offenses. 

§ 5. Provision is wisely made, that, as the judge's salary is at the 
time he enters on the duties of his office, so it shall continue to be 
throughout his official existence, unless Congress shall see fit to in- 
crease it. In other words, it can not be diminished. To allow the 
legislative authority to diminish the salaries of the judges would be 
to give that authority control over their support ; and to control their 
support is to control their will. 

The salary of the chief justice is $6,500 a year ; that of the asso- 
ciate justices is $6,000 each. In the tenth circuit, constituted of 
California and Oregon, the associate justice has $1,000 a year al- 
lowed in addition to his salary, for traveling-expenses. 

art. iii. — jurisdiction. 
1. Limitation. 

The judicial power of the United States shall extend to 
all cases of law and equity arising, 

1st. Under the Constitution of the United States ; 
2d. Under the laws of the United States / and, 
3<£ To treaties made, or ichich shcdl be made, 
under their authority. 66. 
§ 1. By judicial power, as here used, we are to understand the 
1 Federalist, No. 78. 



290 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

power of the national courts in the administration of justice. The 
word ^' power" refers to jurisdiction, or the authority of the court, 
over causes which must include the subject-matter as well as the 
parties concerned. 

The subject-matter of a cause in court is the thing or question 
to be decided : the parties are the persons or corporations legally 
interested in the decision of the court on the subject-matter. 

§ 2. The word "law" is generally understood, as defined by law- 
writers, to be the supreme power of the State, through its' legisla- 
ture, commanding what is right, and prohibiting what is wrong. The 
word "equity," as applied to judicial proceedings, does not mean con- 
trary to law ; but it reaches cases to which the law can not be applied 
by reason of its universality. The object of equity jurisprudence 
is to supply the deficiencies of the courts of law, and to render the 
administration of justice more complete, by affording relief where the 
courts of law, in consequence of imperfections of their machinery or 
of their too rigid adherence to peculiar forms, are incompetent to 
give it, or to give it with effect. 1 

§ 3. The judicial power of the United States extends to all cases 
of law and equity arising under the Constitution and laws thereof, 
and to treaties made under their authority. But there are two kinds 
of jurisdiction, Original and appellate. Original jurisdiction is juris- 
diction of a cause from its beginning. If a party can begin his 
suit in the circuit court, for instance, we say the circuit court has 
original jurisdiction in the case. If he can not bring his case into 
that court until it has been first tried in some lower court, then we 
say the circuit court has appellate jurisdiction. Some kinds of causes 
can be commenced in either of two different courts. Such courts, 
in such cases, are said to be courts of concurrent jurisdiction ; that 
is, either court has jurisdiction of such a cause. If there is but 
one court in which a case can be brought, that court is said to have 
exclusive jurisdiction. The Supreme Court of the United States has 
original or appellate jurisdiction in all cases arising under the Con- 
stitution and laws of the United States, and under treaties, as afore- 
said. 

1 Blackstone. 



Part II.] JUDICIAL DEPARTMENT. 291 

2. Original. 

The Supreme Court shall have original jurisdiction, 
1st. In all cases affecting ambassadors ; 
2d. Other public ministers, and consuls ; 
3d. In controversies between two or more States / 
4th. Between a State and citizens of another State y 
bth. Between a State and foreign States, citizens, or 

subjects ; 
6th. Between the citizens of a State and foreign 

States, citizens, or subjects. ©6, ©7. 
1th. But the judicial power of the United States shall 
not be construed to extend to any suit in law 
or equity commenced or prosecuted, 
1st. Against one of the United States by citizens 

of another State ; or, 
2d. By citizens or subjects of a foreign State. 
93. 
§ 4. There are but two classes of cases in which the Supreme 
Court of the United States has original jurisdiction : and these are, 
first, those affecting ambassadors, other public ministers, and consuls ; 
and, second, those cases in which a State shall be a party. But, as will 
be seen by reference to the Analysis in this article, there are several 
cases in which a State may be a party, either as plaintiff or defend- 
ant. 

§ 5. The ambassadors, other public ministers, and consuls, allud- 
ed to, refer to those representing or acting for foreign governments. 
By the law of nations, these classes of officials are not amenable to 
the laws of the country to which they are accredited agents. Tho 
country in which they reside is under obligation to protect them, and 
their rights and privileges are regulated by the law of nations. This 
being the case, the national courts only should be allowed to take 
cognizance of matters affecting their interests, which should be 
decided by the highest tribunal of the land. 

§ 6. In controversies between two or more States, there is no tri- 
bunal before which there could be a peaceable and impartial deter- 
mination of questions, except the Federal courts. Of course, the 



292 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

courts of neither of the States litigant could be regarded as disinter- 
ested; and they have no common judicatory between them. 

§ 7. Controversies may arise between a State and the citizens of 
a neighboring State. It is manifestly more proper that the State 
should prosecute its demands before a Federal court than to proceed 
in the courts of the State to which the defendants belong. The 
State courts would be liable to the charge of partiality, and ob- 
noxious to suspicion and censure, decide whichever way they might. 

§ 8. Controversies arising between States of the Union and for- 
eign States, citizens, or subjects, can more properly be referred to 
the national courts than to the courts of the States interested as 
parties. The decisions in all such cases ought to carry with them 
that confidence sure to be inspired by national authority. 

§ 9. The same reasons apply to controversies between the citizens 
of a State and foreign States, citizens, or subjects. In the course 
of complicated and extensive commercial transactions, foreigners or 
foreign States may find it necessary to appeal to our courts for re- 
lief or satisfaction. 

§ 10. It must be noticed particularly, however, that no State can 
be prosecuted by the citizens of another State, or a citizen of any 
foreign State. The State may be plaintiff against an individual, 
but can not be made defendant at the suit of a citizen of another 
State, or a citizen of a foreign State. 

It is inherent in the nature of sovereignty not to be amenable to 
the suit of an individual without its consent. This is the general 
sense and the general practice of mankind ; and this exemption, as 
one of the attributes of sovereignty, is now enjoyed by the govern- 
ment of every State in the Union. 1 

§ 11. The Constitution gives the Supreme Court original juris- 
diction in all cases in which a State shall be a party ; and this was 
construed during the first few years after the adoption of the Con- 
stitution to authorize suits against States brought by individuals. 
Many suits were brought to enforce claims held by individuals 
against the States. This led to the adoption of the eleventh Article 

1 Federalist, No. 81. 



Part II.] JUDICIAL DEPABTMENT. 293 

of Amendments to the Constitution, paragraph 93 of that instru- 
ment, which is in these words : — 

" The judicial power of the United States shall not be construed 
to extend to any suit in law or equity commenced or prosecuted 
against one of the United States by citizens of another State, or by 
citizens or subjects of any foreign State." 

§ 12. How is a person to obtain relief, then, in case he has a 
claim against a State ? In the first place, it is presumed that no 
wise government will withhold justice from its citizens. The citi- 
zen to whom the State may be indebted can petition the legislature 
direct for redress, unless some other means have been instituted by 
the State. In some of the States, courts of claims have been estab- 
lished for the same purpose, into which the citizen can bring his 
claim, by petition or otherwise, for adjudication ; and, if he shows 
the State to be indebted to him, the legislature will make provision 
for payment. 

§ 13. In 1855, a court of claims was established, by act of Con- 
gress, to hear and determine claims against the United States. 
The demand is presented to the court by petition, setting forth 
specifically its origin and nature ; and the party is allowed to prove 
it by the same rules of evidence that are usually adopted in courts 
of justice. If a claim is established, Congress makes provision for 
its payment. An attorney, called the solicitor of the United States, 
appears in behalf of the government before this court. 

§ 14. These are all the cases in which the Supreme Court of the 
United States has original jurisdiction. And, as already stated, 
they are all included in two classes : first, such as affect ambassadors, 
other public ministers, and consuls ; and, second', all those cases in 
which a State shall be a party. 

3. Appellate. 

The Supreme Court shall have appellate jurisdiction, 
both as to law and fact, with such exceptions, and 
tender such regulations, as the Congress shall make, 
1st. In all cases of admiralty and maritime juris- 
diction. 



204 ANALYSIS OF CIVIL GOVERNMENT. [Part II. 

2d. In controversies in which the United States shall be 
a party ; 

3d. Between citizens of different States ; 

Ath. Between citizens of the same State claiming lands 
under grants of different States. 
§ 15. What is meant by appellate jurisdiction has already been 
explained. By cases of admiralty and maritime jurisdiction, refer- 
ence is had to the power to try and determine, on appeal, all causes 
originating on the high seas, or on rivers, ports, or harbors com- 
municating with the sea, and out of the reach of ordinary courts 
of justice. Admiralty causes must arise wholly on the sea or on 
waters immediately communicating with the sea, and not within 
the jurisdiction of any country. On the high seas, all nations 
claim a common right and a common jurisdiction ; and therefore 
causes originating there should come exclusively under the juris- 
diction of the national courts. They can not be brought, how- 
ever, in the first instance, into the Supreme Court of the United 
States, but may be appealed into that court after having been com- 
menced and tried by a district court of the United States, which, 
by a law of Congress, is an admiralty court. 

§ 16.. The subjects for adjudication which properly come into 
courts of admiralty are, captures in war made on the high seas, 
captures in foreign ports and harbors, captures made on land by 
naval forces, and captures made in the rivers, ports, and harbors 
of the captor's own country. If an American commissioned with 
letters of marque and reprisal shall make captures as aforesaid, it 
is his duty to bring them into the court for adjudication. If the 
court shall decide that the things in controversy were lawfully cap- 
tured, and according to the usages of war and law of nations, they 
are awarded to the captors. If the decision is that they were un- 
lawfully seized, they will be awarded by the court to the owners 
with damages for detention. 

§ 17. The ordinary admiralty and maritime jurisdiction also 
embraces all civil and criminal cases of a maritime nature. The 
district courts of the United States, however, as courts of admi- 
ralty and maritime jurisdiction, are limited to the trial of crimes 



Part II.] JUDICIAL DEPARTMENT. 295 

and offenses for which but moderate punishment is inflicted. The 
graver and higher crimes are referred to the circuit courts as courts 
of admiralty. 

§ 18. Controversies in which the United States shall be a party 
are to be adjudicated in the Federal courts. Cases in which the 
whole people are interested should not be left to the decision of a 
State court. The United States must bring suit, however, in the first 
instance, in the inferior courts, — that is, in the district or circuit 
courts, — and can not reach the Supreme Court except by appeal. 

§ 19. Unless this power were given to the United States, the en- 
forcement of all their rights, powers, contracts, and privileges, in 
their sovereign capacity, would be at the mercy of the States. They 
must be enforced, if at all, in the State tribunals ; and there 
would not only not be any compulsory power over those courts to 
perform such functions, but there would not be any means of pro- 
ducing uniformity in their decisions. 1 

§ 20. By act of Congress, a citizen of one State may bring suit 
against a citizen of another in the circuit court of the United States 
in civil matters, provided the matter in controversy exceeds five hun- 
dred dollars exclusive of costs. An alien may sue or be sued in 
this court also for the same amount. And these courts have original 
jurisdiction also in matters relating to the United-States revenue and 
to copyrights, being cases that arise under the laws of the United 
States. In all these cases, the Supreme Court has appellate jurisdic- 
tion only. 

An appeal may be taken from the district court to the circuit court, 
and from the circuit to the Supreme Court, under certain restrictions 
and limitations. 

§ 21. Controversies between citizens of the same State, claiming 
lands under grants of different States, must be adjudicated in the 
United-States courts. State courts can not be supposed to be unbi- 
ased in cases of this nature. Claims to lands under grants of dif- 
ferent Spates, founded on adverse pretensions of boundary, would 
almost forbid the possibility of judicial fairness, candor, and impar- 
tiality on the part of the State courts of either granting State. The 

1 Story on Const., § 1,674. 



296 ANALYSIS ©F CIVIL GOVERNMENT. [Part II. 

State laws may have even prejudged the question, and tied the 
courts down to decisions in favor of the grants of the State to which 
they belonged. And, where this has not been done, it would be nat- 
ural that the judges, as men, should feel a strong predilection for 
the claims of their own government. 1 And, at all events, the pro- 
viding of a tribunal, having no possible interest on the one side more 
than the other, would have a most salutary tendency in quieting the 
jealousies and disarming the resentments of the State whose grant 
should be held invalid. 2 

§ 22. The following is a list of the Chief Justices of the United 
States from the establishment of the Supreme Court in 1789 to 
1868, with the dates of appointment : — 

John Jay, New York, Sept. 26, 1789. Resigned. 

John Rutledge, South Carolina, July 1, 1795. Mr. Rutledge 
was appointed during the recess of the Senate, presided over the 
Supreme Court one term, was nominated Dec. 10, 1795, and re- 
jected by the Senate. 

William Cushing, Massachusetts, Jan. 27, 1796. Declined. 

Oliver Ellsworth, Connecticut, March 4, 1796. Resigned. 

John Jay, New York, re-appointment, Dec. 19, 1800. Declined. 

John Marshall, Virginia, Jan. 31, 1801. Died July 6, 1835. 

Roger B. Taney, Maryland, March 15, 1836. Died 1864. 

Salmon P. Chase, Ohio, £ , 1864. 



CHAPTER XV. 

ART. I. — PRESIDENTS OP THE UNITED STATES. 

1. George Washington, of Virginia, inaugurated April 30, 
1789. Term expired March 4, 1793. Re-elected. Second in- 
auguration, March 4, 1793. 

John Adams, of Massachusetts, entered on the duties of his 
office as Vice-President, and President of the Senate, April 21, 1789, 
but did not take the oath of office until June 3, 1789. Re-elected. 
Took the oath of office, Dec. 2, 1793. 

1 Federalist, No. 80. 2 Story on Const., § 1,696. 



Part II.] PRESIDENTS OF THE UNITED STATES. 297 

2. John Adams, of Massachusetts, inaugurated President of the 
United States, March 4, 1797. 

Thomas Jefferson, of Virginia, took the oath of office as Vice- 
President, March 4, 1797. 

3. Thomas Jefferson, of Virginia, inaugurated President of the 
United States, March 4, 1801. 

Aaron Burr, of New York, took the oath of office as Vice- 
President, March 4, 1801. 

Thomas Jefferson re-elected. Second inauguration, March 4, 
1805. 

George Clinton, of New York, took the oath of office as Vice- 
President, March 4, 1805. 

4. James Madison, of Virginia, inaugurated President, March 
4, 1809. 

George Clinton took the oath of office as Vice-President, March 
4, 1809. 

James Madison re-elected. Second inauguration as President, 
March 4, 1813. 

Elbridge Gerry, of Massachusetts, took the oath of office as 
Vice-President. Entered on the duties of President of the Senate, 
May 24, 1813. 

5. James Monroe, of Virginia, inaugurated President, March 
4, 1817. 

Daniel D. Tompkins, of New York, took the oath of office as 
Vice-President, March 4, 1817. 

James Monroe re-elected President, and Daniel D. Tompkins 
as Vice-President, from March 4, 1821. 

6. John Quincy Adams, of Massachusetts, son of the second 
President of the United States, was inaugurated President, March 
4, 1825. 

John C. Calhoun, of South Carolina, took the oath of office as 
Vice-President, March 4, 1825. 

7. Andrew Jackson, of Tennessee, inaugurated President, 
March 4, 1829. 

John C. Calhoun, of South Carolina, took the oath of office as 
Vice-President, March 4, 1829. 



298 ANALYSIS OF CIVIL GOVEBNMENT. [Part II. 

Andrew Jackson re-elected. Inaugurated March 4, 1833. 
Martin Van Buren, of New York, took the oath of office as 
Vice-President, March 4, 1833. 

8. Martin Van Buren, of New York, inaugurated President, 
March 4, 1837. 

Richard M. Johnson, of Kentucky, took the oath of office as 
Vice-President, March 4, 1837. The only Vice-President of the 
United States ever elected by the Senate. 

9. William Henry Harrison, of Ohio, inaugurated President, 
March 4, 1841. 

John Tyler, of Virginia, took the oath of office as Vice-Presi- 
dent, March 4, 1841. 

President Harrison died April 4, 1841, — just one month after 
his inauguration. 

John Tyler took the oath of office as President of the United 
States, April 6, 1841. 

10. James Knox Polk, of Tennessee, inaugurated President, 
March 4, 1845. 

George Mifflin Dallas, of Pennsylvania, inaugurated and 
took the oath of office as Vice-President, March 4, 1845. 

11. Zachary Taylor, of Louisiana, inaugurated President, 
March 5, 1849. 

Millard Fillmore, of New York, took the oath of office as Vice- 
President, March 5, 1849. 

President Taylor died July 9, 1850 ; having been in office one 
year, four months, and five days. 

Millard Fillmore took the oath of office as President of the 
United States, July 10, 1850. 

12. Franklin Pierce, of New Hampshire, inaugurated Presi- 
dent, March 4, 1853. 

William R. King, of Alabama, took the oath of office as Vice- 
President, March 4, 1853. Died April 18, 1853. Office vacant 
remainder of the term. 

13. James Buchanan, of Pennsylvania, inaugurated President, 
March 4, 1857. 

John C. Breckinridge, of Kentucky, took the oath of office 
as Vice-President, March 4, 1857. 



Part II.] STATE DEPARTMENT. 299 

14. Abraham Lincoln, of Illinois, inaugurated President, 
March 4, 1861. 

Hannibal Hamlin, of Maine, took the oath of office as Yice- 
President, March 4, 1861. 

Abraham Lincoln re-elected. Second inauguration, March 4, 
1865. 

Andrew Johnson, of Tennessee, took the oath of office as Vice- 
President, March 4, 1865. 

Abraham Lincoln assassinated April 14, 1865, and died the next 
morning, April 15. 

Andrew Johnson took the oath of office as President of the 
United States, April 15, 1865. 



ART. II.— STATE DEPARTMENT. 

§ 1. The department of State was created by act of Congress, 
Sept. 15, 1789. Before that, it was called the department of 
Foreign Affairs, having been created as such by act of July 27, 
1789. This department is under the charge of the Secretary of 
State ; and the business-affairs of it are divided into several branches, 
each branch having a principal clerk at its head. 

§ 2. This department has charge of the correspondence with the 
diplomatic agents of the government in foreign countries, and with 
the agents of foreign nations received and accredited by the United 
States. All communications with commissioners relating to bound- 
ary treaties, and all diplomatic instructions, issue from this depart- 
ment ; and a faithful record of them is kept, as well as a record of 
similar documents received from foreign powers. 

§ 3. All the acts and resolutions of Congress are filed by the 
President in this department ; and their publication in newspapers 
or in book form, and their distribution throughout the country, 
belong to the State Department ; also all treaties and other business 
with the Indian tribes. There is an office connected with this 
department, in which the translation of documents from other 
languages into English is the principal business. 

§ 4. There is a clerk of pardons and passports connected with 



300 



ANALYSIS OF CIVIL GOVERNMENT. [Part II. 



tins department. The petitions and papers are filed with this clerk, 
on which pardons are founded. Passports are prepared by him, 
and a record of them kept, which are issued by the department of 
State. The statistics relating to the foreign commerce of the 
United States are filed and preserved in this department, under the 
direction of a superintendent of statistics. 

§ 5. The heads of all the executive departments are nominated 
and appointed by the President, by and with the advice and consent 
of the Senate. The following is a catalogue of the Secretaries of 
State, beginning with the first year under our Constitution : — 



Name. 
Thomas Jefferson, 
Edmund Randolph, 
Timothy Pickering, 
John Marshall, 
James Madison, 
Robert Smith, 
James Monroe, 
John Q. Adams, 
Henry Clay, 
Martin Van Buren, 
Edward Livingston, 
Louis McLane, 
John Forsyth, 
Daniel Webster, 
Hugh S, Legare, 
Abel P. Upsher, 
John C. Calhoun, 
James Buchanan, 
John M. Clayton, 
Daniel Webster, 
Edward Everett, 
William L. Marcy, 
Lewis Cass, 
Jeremiah S. Black, 
William H. Seward, 



Residence. 

Virginia, 

Virginia, 

Massachusetts, 

Virginia, 

Virginia, 

Maryland, 

Virginia, 

Massachusetts, 

Kentucky, 

New York, 

Louisiana, 

Delaware, 

■Georgia, 

Massachusetts, 

South Carolina, 

Virginia, 

South Carolina, 

Pennsylvania, 

Delaware, 

Massachusetts, 

Massachusetts, 

New York, 

Michigan, 

Pennslyvania, 

New York, 



When appointed. 

Sept. 26, 1789. 
Jan. 2, 1794. 
Dec. 10, 1795. 
May 13, 1800. 
March 5, 1801. 
March 6, 1809. 
Nov. 25, 1811. 
March 3, 1817. 
March 8, 1825. 
March 6, 1829. 
May 24, 1831. 
May 29, 1833. 
June 27, 1834. 
March 5, 1841. 
May 9, 1843. 
June 24, 1843. 
March 6, 1844. 
March 5, 1845. 
March 7, 1849. 
July 20, 1850. 
Dec. 9, 1852. 
March 7, 1853. 
March 6, 1857. 
Dec. 17, 1860. 
March 5, 1861. 



Part II.] TREASURY DEPARTMENT. 301 

ART. III. —TREASURY DEPARTMENT. 

§ 1. The Treasury Department dates from 1789. It is under 
charge of the Secretary and Assistant Secretary of the Treasury. 
This department has charge of all moneys paid into the treasury of 
the United States ; has the general supervision of the fiscal trans- 
actions of the government; attends to the collection of the revenue, 
the auditing and payments of accounts, or other disbursements ; and 
sees to the execution of the laws relating to the commerce and navi- 
gation of the United States. 

§ 2. This department also has charge of the coast survey, the 
mint and coinage of money, the light-house establishments, the 
erection of marine hospitals and custom-houses. By act of Con- 
gress, May 10, 1810, it is made the duty of the Secretary of the 
Treasury to prepare and report to Congress, at the opening of every 
regular session, the financial condition of the United States, to 
furnish estimates of the revenue and disbursements of the treasury, 
and to give information in reference to the most economic means of 
furnishing money to meet the claims against the government. 

§ 3. There are a chief clerk, controller, second controller, com- 
missioner of customs,* six auditors, and a large number of other 
assistants of various positions and titles, employed in this depart- 
ment, having their respective duties to perform. The first con- 
troller prescribes the mode of keeping and rendering accounts for 
the civil and diplomatic service, as well as the public lands. 

The second controller prescribes the mode of keeping and render- 
ing the accounts of the army and navy, and of the Indian and 
Pension Bureaus. 

The commissioner of the customs prescribes the mode of keeping 
and rendering the accounts of the customs revenue and dis- 
bursements,' and for the building and repairing the custom-houses, 

&C. 1 

The business of the sixth auditor relates chiefly to the interests 
of the Post-office Department. 

§ 4. The following is a list of the Secretaries of the Treasury, 

1 Lanman's Congressional Dictionary. 



302 



ANALYSIS OF CIVIL GOVERNMENT. [Part II. 



beginning with the organization of our present form of govern- 
ment : — 



Name. 
Alexander Hamilton, 
Oliver Wolcott, 
Samuel Dexter, 
Albert Gallatin, 
George W. Campbell, 
Alexander J. Dallas, 
William H. Crawford, 
Richard Rush, 
Samuel D. Ingham, 
Louis McLane, 
William J. Duane, 
Roger B. Taney, 1 
Levi Woodbury, 
Thomas Ewing, 
Walter Forward, 
George M. Bibb, 
Robert J. Walker, 
William M. Meredith, 
Thomas Corwin, 
James Guthrie, 
Howell Cobb, 
Philip F. Thomas, 
John A. Dix, 
Salmon P. Chase, 
William P. Fessenden, 
Hugh McCulloch, 



Residence. 

New York, 

Connecticut, 

Massachusetts, 

Pennsylvania, 

Tennessee, 

Pennsylvania, 

Georgia, 

Pennsylvania, 

Pennsylvania, 

Delaware, 

Pennsylvania, 

Maryland, 

New Hampshire, 

Ohio, 

Pennsylvania, 

Ohio, 

Mississippi, 

Pennsylvania, 

Ohio, 

Kentucky, 

Georgia, 

Maryland, 

New York, 

Ohio, 

Maine, 

Indiana, 



When appointed. 
Sept. 11, 1789. 
Feb. 3, 1795. 
Dec. 31, 1800. 
Jan. 26, 1802. 
Feb. 9, 1814. 
Oct. 6, 1814. 
March 5, 1817. 
March 7, 1825. 
March 6, 1829. 
Aug. 8, 1831. 
May 29, 1833. 
Sept. 23, 1833. 
June 27, 1834. 
March 5, 1841. 
Sept. 13. 1841. 
June 15, 1844. 
March 5, 1845. 
March 7, 1849. 
July 20, 1850. 
March 7, 1853. 
March 5, 1857. 
Dec. 12, 1860. 
Jan. 11, 1861. 
March 5, 1861. 
July 1, 1864. 
March 7, 1865. 



ART. IV. — WAR DEPARTMENT. 



§ 1. This department has charge of all business growing out of 
the military affairs and interests of the government. It keeps the 



1 Rejected by the Senate. 



PART II.] WAR DEPARTMENT. 303 

record of the army, issues military commissions, directs the move- 
ments of troops, and superintends their payment. It also has the 
custody of all military stores, clothing, arms, and equipments. It 
supervises the construction of all military structures, and conducts 
all works of military engineering. 

§ 2. The War Department is in the charge of the Secretary of War, 
who is assisted by one regular assistant and two temporary assistants, 
and a lar<re number of clerks, one of whom is called the chief clerk. 

o 

This department is also divided into several branches called bureaus, 
taking their several names from the offices in which the business of 

c 

each is transacted. 

§ 3. The commanding-general's office has the arrangement of all 
the military forces, the superintendence of the recruiting service, and 
the discipline of the army. The adjutant-general's office keeps the 
records and rolls of the army : from this office the military commis- 
sions are sent out, and all orders emanating from headquarters. The 
quartermaster-general's bureau has charge of the supply-system, 
control of the barracks, and furnishes the clothing and transportation 
of the army. 

§ 4. The disbursements of money to the army are made through the 
paymaster-general's office ; the purchase and issue of rations, through 
the commissary-general's office : surgical and medical supplies and 
attendance, the management of the sick and wounded soldiers, and 
the care of military hospitals, are under the surgeon-general's direc- 
tion. There is an engineer's bureau, having the direction of all 
matters connected with the engineer corps of the army, and also 
the care of the military academy at West Point. There is a topo- 
graphical bureau, which has the superintendence of surveys made for 
military purposes and for purposes of internal improvement; and 
there is also an ordnance bureau, having charge of the arsenals 
and armories, the manufacture of arms, implements of war, and 
the keeping of all ordnance-stores. 

§ 5. The following is a list of the Secretaries of War from the 
organization of this department : — 



304 



ANALYSIS OF CIVIL GOVERNMENT. [Part II. 



Name. 


Residence. 


When appointed. 


John Knox, 


Massachusetts, 


Sept. 12, 


1789. 


Timothy Pickering, 


Massachusetts, 


Jan. 2, 


1795. 


James McIIenry, 


Maryland, 


Jan. 27, 


1796. 


Samuel Dexter, 


Massachusetts, 


May 13, 


1800. 


Roger Griswold, 


Connecticut, 


Feb. 3, 


1801. 


Henry Dearborn, 


Massachusetts, 


March 4, 


1801. 


William Eustis, 


Massachusetts, 


March 7, 


1809. 


John Armstrong, 


New York, 


Jan. 19, 


1813. 


James Monroe, 


Virginia, 


Sept. 26, 


1814. 


William H. Crawford, 


Georgia, 


March 2, 


1815. 


Isaac Shelby, 


Kentucky, 


March 5, 


1817. 


John C. Calhoun, 


South Carolina, 


Dec. 16, 


1817. 


James Barbour, 


Virginia, 


March 7, 


1825. 


Peter D. Porter, 


New York, 


May 26, 


1828. 


John H. Eaton, 


Tennessee, 


March 9, 


1829. 


Lewis Cass, 


Ohio, 


Aug. 1, 


1831. 


Joel R. Poinsett, 


South Carolina, 


March 7, 


1837. 


John Bell, 


Tennessee, 


March 5, 


1841. 


John C. Spencer, 


New York, 


Oct. 12, 


1841. 


James M. Porter, 


Pennsylvania, 


March 8, 


1843. 


William Wilkins, 


Pennsylvania, 


Feb. 15, 


1844. 


William L. Marcy, 


New York, 


March 5, 


1845. 


George W. Crawford, 


Georgia, 


March 7, 


1849. 


Charles M. Conrad, 


Louisiana, 


Aug. 15, 


1850. 


Jefferson Davis, 


Mississippi, 


March 5, 


1853. 


John B. Floyd, 


Virginia, 


March 6, 


1857. 


Joseph Holt, 


Kentucky, 


Jan. 18, 


1860. 


Simon Cameron, 


Pennsylvania, 


March 5, 


1861. 


Edwin M. Stanton, 


Pennsylvania, 


March, 


1862. 


Edwin M. Stanton, 


Removed August, 


1867. 


Ulysses S. Grant, Illinois 


appointed ad interim 


, August, 


1867. 


Edwin M. Stanton, 


Restored 


January, 


1868. 



Mr. Stanton resigned, and John M. Schofield of Missouri was 
appointed Secretary of War, May 29, 1868. 



Part II.] NAVY DEPARTMENT. 305 

AET. V. — NAVY DEPARTMENT. 

§ 1. Originally, by act of Congress, Sept. 15, 1789, the Navy De- 
partment was included with the War Department, and both branches 
were called the War Department. They were separated, however, 
April 30, 1789 ; when the navy division was established as a distinct 
department, 

§ 2. The Navy Department was divided Aug. 21, 1842, at which 
time it was re-organized into five bureaus : — 

1. Bureau of navy-yards and docks. 

2. Bureau of construction, equipment, and repair. 

3. Bureau of provisions and clothing. 

4. Bureau of ordnance and hydrography. 

5. Bureau of medicine and surgery. 

§ 3. Under the general direction of the President of the United 
States, the Secretary of the Navy has control of every thing con- 
nected with the naval establishment, and the execution of the laws 
relating to it. All instructions to the subordinate officers of the 
navy, the enlistment and discharg t 3 of seamen, and orders to all 
the different bureaus, are issued by authority of the Secretary of the 
Navy. 

§ 4. The first officers of the different bureaus are styled the chiefs 
of the bureaus. As in the bureaus of other departments, there are 
a large number of clerks employed in these. The bureau of navy-yards 
and dock-yards has charge of these yards, and all wharves, buildings, 
and machinery belonging to them ; and also of the naval asylum. 

§ 5. The second bureau named has charge of the building and 
repairs of all vessels of the navy, and every thing connected with 
their outfit and completion. The third sees to the provisions, sup- 
plies, and clothing of the seamen ; the fourth bureau superintends 
the ordnance and ordnance-stores, and attends to the purchase of 
all necessary naval equipments; and the fifth bureau attends to 
every thing relating to medical stores, the treatment of the sick and 
wounded, and the management of the hospitals. 

§ 6. The following is a list of the names of the Secretaries of the 
Navy since its organization as a distinct department, with the dates 
of their appointments : — 

20 



806 



ANALYSIS OF CIVIL GOVERNMENT. [Part II. 



Name. 

George Cabot, 1 
Benjamin Stoddart, 
Robert Smith, 
Jacob Crowningshield, 
Paul Hamilton, 
William Jones, 
Benj. W. Crowningshield, 
Smith Thompson, 
Samuel L. Southard, 
John Branch, 
Levi Woodbury, 
Mahlon Dickinson, 
James K. Paulding, 
George E. Badger, 
Abel P. Upsher, 
David Henshaw, 
Thomas W. Gilmer, 
John Y. Mason, 
George Bancroft, 
John Y. Mason, 
William B. Preston, 
William A. Graham, 
John P. Kennedy, 
James C. Dobbin, 
Isaac Toucey, 
Jacob Thompson, 
Gideon Welles, 



Residence. 

Massachusetts, 

Maryland, 

Maryland, 

Massachusetts, 

South Carolina, 

Pennsylvania, 

Massachusetts, 

New York, 

New Jersey, 

North Carolina, 

New Hampshire, 

New Jersey, 

New York, 

North Carolina, 

Virginia, 

Massachusetts, 

Virginia, 

Virginia, 

Massachusetts, 

Virginia, 

Virginia, 

North Carolina, 

Maryland, 

North Carolina, 

Connecticut, 

Mississippi, 

Connecticut, 



When appointed. 

May 8, 1798. 
May 21, 1798. 
Jan. 20, 1802. 
March 2, 1805. 
March 7, 1809. 
Jan. 12, 1813. 
Dec. 17, 1814. 
Nov. 30, 1818. 
Dec. 9, 1823. 
March 9, 1829. 
May 23, 1831. 
June 30, 1834. 
June 20, 1838. 
March 5, 1841. 
Sept. 13, 1841. 
July 24, 1843. 
Feb. 15, 1844. 
March 14, 1844. 
March 10, 1845. 
Sept. 9, 1846. 
March 7, 1849. 
July 30, 1850. 
July 22, 1852. 
March 7, 1853. 
March 6, 1857. 
March, 1857. 
March 5, 1861. 



ART. VI.— POST-OFFICE DEPARTMENT. 

§ 1. The Post-office Department was established by act of Con- 
gress, Sept. 22, 1789. It is under the general direction of 



1 Declined. 



Part II.] post-office department. 307 

the Postmaster-General. For convenience, the business is distrib- 
uted through several bureaus. The appointment office is in the 
care of the first Assistant Postmaster-General. To his bureau are 
referred all questions relating to the names, establishment, and dis- 
continuance of post-offices, and the appointment and removal of 
postmasters. In offices where the salary of the postmaster is a 
thousand dollars a year or over, the appointments are made by the 
President, by and with the advice and consent of the Senate. In- 
structions to postmasters, and the distribution of blanks and sta- 
tionery for the use of the department, are from this bureau. This 
branch has charge of the steamship lines on the ocean, and also of 
all international postal affairs. 

§ 2. The second Assistant Postmaster- General has charge of the 
contract-office. He lets the contracts for carrying the mail ; directs 
in regard to the mode of conveyance, and the time of arrival and 
departure of the mails on each route ; fixes on the offices of distri- 
bution ; and advertises for bids for carrying the mails on all routes 
open to competition. 

§ 3. The third Assistant Postmaster-General has the supervision 
of the financial interests and business of the department, except 
what comes more properly under the care of the auditor. The 
postage-stamps and stamped envelopes for prepayment of postage 
are issued from this bureau. All quarterly returns from the post- 
offices throughout the United States are made to the third Assist- 
ant Postmaster-General. He also has charge of the dead-letter 
office. 

§ 4. The bureau of the chief clerk attends to the reports of the 
arrivals and departures of the mails, noting all failures and delin- 
quencies on the part of contractors, and prepares all such cases 
for the action of the Postmaster-General. This bureau provides the 
mail bags and the mail locks and keys. 

The three Assistant Postmasters- General are appointed by the 
Postmaster-General. The following is a list of the Postmasters- 
General from the establishment of the department to 1868, with 
dates of appointment : — 



308 



ANALYSIS OF CIVIL GOVERNMENT. [Pabt II. 



Name. 

Samuel Osgood, 
Timothy Pickering, 
Jacob Habersham, 
Gideon Granger, 
Return J. Meigs, 
John McLean, 
William T. Barry, 
Amos Kendall, 
John M. Niles, 
Francis Granger, 
Charles A. Wickliffe, 
Cave Johnson, 
Jacob Collamer, 
Nathan K. Hall, 
Samuel D. Hubbard, 
James Campbell, 
Aaron V. Brown, 
Joseph Holt, 
Montgomery Blair, 

WlLLTAM DENNISON, 

Alexander W. Randall, 



Residence. 


When appointed. 


Massachusetts, 


Sept. 26, 


1789. 


Massachusetts, 


Nov. 7, 


1794. 


Georgia, 


Feb. 25, 


1795. 


Connecticut, 


Jan. 26, 


1802. 


Ohio, 


March 17, 


1814. 


Ohio, 


Dec. 9, 


1823. 


Kentucky, 


March 9, 


1829. 


Kentucky, 


May 1, 


1835. 


Connecticut, 


May 25, 


1840. 


New York, 


March 6, 


1841. 


Kentucky, 


Sept. 13, 


1841. 


Tennessee, 


March 5, 


1845. 


Vermont, 


March 7, 


1849. 


New York, 


July 20, 


1850. 


Connecticut, 


Aug. 31, 


1852. 


Pennsylvania, 


March 5, 


1853. 


Tennessee, 


March 6, 


1857, 


Kentucky, 


March 14, 


1859, 


Maryland, 


March 5, 


1861, 


Ohio, 


Sept. 24, 


1864. 


Wisconsin, 


July 25, 


1866, 



ART. VII. — INTERIOR DEPARTMENT. 

§ 1. This department was created by act of Congress, March 3, 
1849, and has charge of much of the government-business that 
previously devolved on several of the other departments. The 
Secretary of the Interior is at the head of this department, and 
he has one assistant secretary. The business of it is distributed 
through, the bureaus of the public lands, pensions, Indian affairs, 
patents, and agriculture. 

§ 2. The principal officer in charge of the Bureau of Public 
Lands is called the Commissioner of the General Land-Office. He 
has charge of the survey and sale of the public lands, their legal 



PART II.] INTERIOR DEPARTMENT. 309 

transfer according to the laws of Congress, whether under the home- 
stead act, military bounty act, grants for school-purposes, or internal 
improvements. 

§ 3. The chief officer of the Pension Bureau is called the Com- 
missioner of Pensions. He attends to the adjudication of pension- 
claims against the United States, whether due to the soldiers of the 

o 

Revolution or of the late wars, and whether due in land or money. 
The principal officer of the Indian Bureau is called the Commission- 
er of Indian Affairs, who attends to all government-matters connect- 
ed with the Indian tribes. 

§ 4. The Bureau of the Patent Office is under the direction of 
the Commissioner of Patents, who attends to all business on the part 
of the government in reference to the issue of letters-patent to 
inventors. There is a commissioner of agriculture, who has super- 
vision of all the national interests in agriculture. 

§ 5. By the act of 1849, organizing the Department of the 
Interior, the supervision of the accounts of the United-States mar- 
shals and attorneys, and the clerks of the United-States courts, 
were transferred from the treasury to this department. The Secre- 
tary of the Interior has supervision of the marshals and others in 
taking the census of the United States ; also of the lead and other 
mines of the United States, and of the accounts of the agents 
therefor. 

§ 6. He likewise exercises supervisory power over the commis- 
sioners of the public buildings, including the Capitol and Department 
buildings; and over the board of inspectors and warden of the 
penitentiary of the District of Columbia. 

§ 7. The Secretary of the Interior appoints the chief clerk and 
all other clerks of his department ; and the commissions of all 
officers under the control and direction of the Secretary of the Inte- 
rior are made out and recorded in the Department of the Interior, 
and the seal of the department is affixed thereto. 

§ 8. The Secretary of the Interior is charged with receiving, 
arranging, safe-keeping, and with the distribution of, all printed 
journals of the two houses of Congress, and all other books of what- 
ever nature printed and purchased for the use of government, 



310 



ANALYSIS OF CIVIL GOVERNMENT. [Part II. 



except such as are printed or purchased for the use of Congress or 
for the particular use of any of the other departments. He is 
required to set apart a suitable room in the patent-office for their 
safe keeping. 

The following is a list of the Secretaries of this department from 
its organization to the present time, 1868, with the dates of 
appointment : — 



Name. 




Residence. 


When appointed. 


Thomas Ewing, 




Ohio, 


March 7, 1849. 


Alexander H. H. 


Stuart, 


Virginia, 


Sept, 12, 1850. 


Robert McClelland, 


Michigan, 


March 7, 1853. 


Jacob Thompson, 




Mississippi, 


March 6, 1857. 


Caleb B. Smith, 




Indiana, 


March 5, 1861. 


John P. Upsuer, 




Indiana, 


Jan. 8, 1863. 


James Harlan, 




Iowa, 


May 15, 1865. 


Orville H. Browning, 


Illinois, 


July 27, 1866. 



ART. VIII.— ATTORNEY-GENERAL'S OFFICE. 

§ 1. By act of Congress, Sept. 24, 1789, there is to "be ap- 
pointed an attorney-general of the United States, who shall be sworn 
to the faithful execution of his office. He may appoint an assistant 
at a salary of $3,500 a year. 

§ 2. The duties of his office may be classified under the follow- 
ing heads : — 
1st. He shall prosecute and conduct all suits in the Supreme 

Court in which the United States shall be concerned. 
2d. He shall give advice and opinions on questions of law when 

required by the President of the United States. 
3d. He shall give legal advice and opinions, when requested by 
the heads of any of the departments, touching any matter 
that concerns their departments. 
4th. He shall advise with and direct the solicitor of the treasury 
as to the manner of conducting suits, proceedings, and prose- 
cutions. 



PART II.] ATTOBNEY-GENEKAL'S OFFICE. 



311 



5th. He is charged with the general superintendence and direc- 
tion of all United-States district attorneys and marshals ; and 
they are required to report to him an account of their official 
proceedings, and the state and condition of their respective 
offices, at such times and in such manner as he may direct. 
6th. All applications to the President for pardons in cases of con- 
viction under the laws of the United States are referred to 
the Attorney-General for examination and his opinion. 
7th. He oversees and conducts the transfer of all lands purchased 
by the United States as sites for the erection of public works 
for government use. He sees to the examination of the titles 
in such cases. 
§ 3. The Attorney-General is authorized to employ a chief clerk 
at a salary of $2,200 a year; two clerks, one a "pardon clerk," 
and the other an " opinion clerk," at salaries of $1,800 a year each ; 
and several other clerks with salaries varying from $1,200 to $1,600 
a year each. 

§ 4. The following is a list of the Attorneys-General from the in- 
stitution of this office in 1789 to 1868, with the date of appoint- 
ments : — 



Name. 

Edmund Randolph, 
William Bradford, 
Charles Lee, 
Tiieophiltjs Parsons, 1 
Levi Lincoln, 
Robert Smith, 
John Breckexridge, 
C^sar A. Rodney, 
William Pinkney, 
Richard Rush, 
William Wirt, 
John M. Berrien, 
Roger B. Taney, 



Residence. 


When 


APPOINTED. 


Virginia, 

Pennsylvania, 

Virginia, 


Sept. 
Jan. 
Dec. 


26, 1789. 
28, 1794. 
10, 1795. 


Massachusetts, 


Feb. 


20, 1801. 


Massachusetts, 


March 


5, 1801. 


Maryland, 
Kentucky, 
Pennsylvania, 


March 

Dec. 

Jan. 


2, 1805. 
25, 1805. 
20, 1807. 


Maryland, 
Pennsylvania, 
Virginia, 
Georgia, 


Dec. 
Feb. 
Dec. 
March 


11, 1811. 
10, 1814. 
15, 1817. 
19, 1829. 


Maryland, 


Dec. 


27, 1831. 


Declined. 







312 



ANALYSIS OF CIVIL GOVERNMENT. [Part II. 



Benjamin F. Butler, 


New York, 


June 


24, 1834, 


Felix Grundy, 


Tennessee, 


Sept. 


1, 1838, 


Henry D. Gilpin, 


Pennsylvania, 


Jan. 


10, 1840, 


John J. Crittenden, 


Kentucky, 


March 


5, 1841. 


Hugh S. Legare, 


South Carolina, 


Sept. 


13, 1841. 


John Nelson, 


Maryland, 


Jan. 


2, 1844. 


John Y. Mason, 


Virginia, 


March 


5, 1845. 


Nathan Clifford* 


Maine, 


Dec. 


23, 1846. 


Isaac Toucey, 


Connecticut, 


June 


21, 1848. 


Reverdy Johnson, 


Maryland, 


March 


7, 1849. 


John J. Crittenden, 


Kentucky, 


July 


20, 1850. 


Caleb Cushing, 


Massachusetts, 


March 


7, 1853. 


Jeremiah S. Black, 


Pennsylvania, 


March, 


1857. 


Edwin M. Stanton, 


Pennsylvania, 


December, 1860, 


Edward Bates, 


Missouri, 


March 


5, 1861, 


James Speed, 


Kentucky, 


Dec. 


2, 1864, 


Henry Stanbery, 


Ohio, 


July 


23, 1866. 


William M. Evarts, 


New York, 


July 


15, 1868, 



§ 5. There is one principal messenger employed in each of the 
offices of the secretaries of the departments, at a salary of $900 a 
year ; and there is one principal messenger in each of the bureaus 
of the several executive departments, at a salary of $840 a year. 
There are also other messengers and assistant messengers in each of 
the departments, at a salary of $700 a year. 

§ 6. The heads of the departments, with the Attorney-General, 
are the President's Constitutional advisers, and constitute his cabi- 
net ; each having a salary of $8,000 a year. Each of the execu- 
tive departments has an official seal, which is annexed to all public 
documents issuing from their respective offices. 



ART. IX. — SPEAKERS OF THE HOUSE OF REPRESENTATIVES. 

The following is a list of the Speakers of the House of Represen- 
tatives, from the adoption of the Constitution to 1868, with dates 
of appointment : — 



PART II.] SPEAKERS OF HOUSE OF BEP. 



:i3 



Name. 


Residence. 


When appointed. 


Fred. A. Muhlenberg, 


Pennsylvania, 


April 1, 


1789. 


Jonathan Trumbull, 


Connecticut, 


Oct. 24, 


1791. 


Fred. A. Muhlenberg, 


Pennsylvania, 


Dec. 2, 


1793. 


Jonathan Dayton, 


New Jersey, 


Dec. 7, 


1795. 


Jonathan Dayton, 


New Jersey, 


May 15, 


1797. 


George Dent, 1 


Maryland, 


Apr. 20, 


1798. 


George Dent, 


Maryland, 


May 28, 


1798. 


Theodore Sedgwick, 


Massachusetts, 


Dec. 2, 


1799. 


Nathaniel Macon, 


North Carolina, 


Dec. 7, 


1801. 


Nathaniel Macon, 


North Carolina, 


Oct. 17, 


1803. 


Nathaniel Macon, 


North Carolina, 


Dee. 2, 


1805. 


Joseph B. Yarnum, 


Massachusetts, 


Oct. 26, 


1807. 


Joseph B. Varnum, 


Massachusetts, 


May 22, 


1809. 


Henry Clay, 


Kentucky, 


Nov. 4, 


1811. 


Henry Clay, 


Kentucky, 


May 24, 


1813. 


Langdon Cheves, 


South Carolina, 


Jan. 19, 


1814. 


Henry Clay, 


Kentucky, 


Dec. 4, 


1815. 


Henry Clay, 


Kentucky, 


Dec. 1, 


1817. 


Henry Clay, 


Kentucky, 


Dec. 6, 


1819. 


John W. Taylor, 


New York, 


Nov. 15, 


, 1820. 


Philip P. Barbour, 


Virginia, 


Dec. 3, 


1821. 


Henry Clay, 


Kentucky, 


Dec. 1, 


1823. 


John W. Taylor, 


New York, 


Dec. 5, 


1825. 


Andrew Stevenson, 


Virginia, 


Dec. 3, 


1827. 


Andrew Stevenson, 


Virginia, 


Dec. 7, 


1829. 


Andrew Stevenson, 


Virginia, 


Dec. 5, 


1831. 


Andrew Stevenson, 


Virginia, 


Dec. 2, 


1833. 


Henry Hubbard, 


New Hampshire, 


May 19, 


1834. 


John Bell, 


Tennessee, 


June 2, 


1834. 


James K. Polk, 


Tennessee, 


Dec. 7, 


1835. 


James K. Polk, 


Tennessee, 


Sept. 4, 


1837. 


Robert M. T. Hunter, 


Virginia, 


Dec. 16 


, 1839. 


John White, 


Kentucky, 


May 31, 


1841. 



1 Elected pro tempore during sickness of the Speaker. 



314 



ANALYSIS OF CIVIL GOVERNMENT. [Part II. 



John W. Jones, 


Virginia, 


Dec. 4, 1843. 


George W. Hopkins, 


Virginia, 


Feb. 28, 1845. 


John W. Davis, 


Indiana, 


Dec. 1, 1845. 


Robert C. Winthrop, 


Massachusetts, 


Dec. 6, 1847. 


Armistead Burt, 1 


South Carolina, 


June 19, 1848. 


Armistead Burt, 1 


South Carolina, 


June 20, 1848. 


Howell Cobb, 


Georgia, 


Dec. 22, 1849. 


Linn Boyd, 


Kentucky, 


Dec. 1, 1851. 


Linn Boyd, 


Kentucky, 


Dec. 5, 1853. 


Nathaniel P. Banks, 


Massachusetts, 


Feb. 2, 1856. 


James L. Orr, 


South Carolina, 


1857. 


William Pennington, 


New Jersey, 


1859. 


Galusha A. Grow, 




1861. 


Schuyler Colfax, 


Indiana, 


1863. 


Schuyler Colfax, 


Indiana, 


1865. 


Schuyler Colfax, 


Indiana, 


1867. 


ART. X. — PRESIDENTS 


PRO TEMPORE of 


THE SENATE. 


Name. 


Residence. 


When appointed. 


John Langdon, 


New Hampshire, 


April, 1789. 


Richard Henry Lee, 


Virginia, 


April, 1792. 


John Langdon, 


New Hampshire, 


May, 1792. 


John Langdon, 


New Hampshire, 


March, 1793. 


Ralph Izard, 


South Carolina, 


May, 1794. 


Henry Tazewell, 


Virginia, 


February, 1795. 


Samuel Livermore, 


New Hampshire, 


May, 1796. 


William Bingham, 


Pennsylvania, 


February, 1797. 


William Bradford, 


Rhode Island, 


July, 1797. 


Jacob Read, 


South Carolina, 


November, 1797. 


Theodore Sedgwick, 


Massachusetts, 


June, 1798. 


John Lawrence, 


New York, 


December, 1798. 


James Ross, 


Pennsylvania, 


March, 1799. 


Samuel Livermore, 


New Hampshire, 


December, 1799. 



1 First appointed, on account of sicknesa of Speaker, for one day ; then 
for the remainder of the session 



Part II.] PEESIDENTS OF THE SENATE. 



315 



Uriah Tracy, 


Connecticut, 


May, 


1800. 


John E. Howard, 


Maryland, 


November, 


1800. 


James Hillhouse, 


Connecticut, 


February, 


1801, 


Abraham Baldwin, 


Georgia, 


December, 


1801. 


Stephen R. Bradley, 


Vermont, 


December, 


1802. 


John Brown, 


Kentucky, 


October, 


1803. 


Jesse Franklin, 


North Carolina, 


March, 


1804, 


Joseph Anderson, 


Tennessee, 


January, 


1805. 


Samuel Smith, 


Maryland, 


December, 


1805. 


Stephen R. Bradley, 


Vermont, 


December, 


1808. 


John Milledge, 


Georgia, 


January, 


1809. 


Andrew Gregg, 


Pennsylvania, 


January, 


1809. 


John Gaillard, 


South Carolina, 


February, 


1810. 


John Pope, 


Kentucky, 


February, 


1811. 


William H. Crawford, 


Georgia, 


March, 


1812, 


Joseph B. Varnum, 


Massachusetts, 


December, 


1813. 


John Gaillard, 


South Carolina, 


April, 


1814. 


James Barbour, 


Virginia, 


February, 


1819. 


John Gaillard, 


South Carolina, 


January, 


1820, 


Nathaniel Macon, 


North Carolina, 


May, 


1826, 


Samuel Smith, 


Maryland, 


May, 


1828, 


Littleton W. Tazewell, 


Virginia, 


July, 


1832 


Hugh L. White, 


Tennessee, 


December, 


1832, 


George Poindexter, 


Massachusetts, 


June, 


1834, 


John Tyler, 


Virginia, 


March, 


1835. 


William R. King, 


Alabama, 


July, 


1836. 


Samuel L. Southard, 


New Jersey, 


March, 


1841. 


Willie P. Mangum, 


t North Carolina, 


May, 


1842. 


David R. Atchison, 


Missouri, 


August, 


1846. 


William R. King, 


Alabama, 


July, 


1850. 


David R. Atchison, 


Missouri, 


December, 


1852. 


Benjamin Fitzpatrick, 


Alabama, 


• 




Solomon Foot, 


Vermont, 






Lafayette S. Foster, 


Connecticut. 






Benjamin F. Wade, 


Ohio, 







GLOSSARY. 



Note. — The author is indebted to John M. Dunning, Esq., attorney and 
counselor at law, Rochester, N.Y., for the following carefully-compiled glossary 
of legal terms and phrases. 



Accomplice. An associate or confederate in crime. 
Acknowledgment. 

1. A declaration or avowal of one's own signature or act to a written 

instrument, as a deed or mortgage, before a proper officer, to give 
it legal validity. 

2. The certificate of the officer on the instrument, that such a declara- 

tion has been made. 
Act. 

1. The formal declaration or expression of the will of the people, as 

made by their legal representatives, acting in a legislative ca- 
pacity. 

2. A law passed by legislative authority. A statute. 
Administrator. A person lawfully appointed, with his assent, by an 

officer having jurisdiction, to manage and settle the estate of an intes- 
tate, or person who dies leaving no last will and testament, or of a per- 
son who dies leaving a last will and testament, but with no competent 
executor to carry the same into execution. One to whom letters of 
administration are granted. 

Administratrix. A female administrator. 

Admiralty. 

1. The power or officers appointed for the management of naval affairs. 

2. The name of a jurisdiction which takes cognizance of suits or 

actions which arise in consequence of acts done upon or relating 
to the sea. 
In the United States, all cases of admiralty and maritime jurisdic- 
tion are vested in the district courts of the United States. 
Affidavit. A statement in writing, prefaced by the name of the State, 
and the county, or city, or town, or other municipal division, over 
which the officer's jurisdiction before whom it is made extends, and 

317 



318 GLOSSARY. 

signed by the person making the statement, and made on oath or 
affirmation before a person authorized by law to administer oaths and 
take affirmations. 

A£Iirination. A solemn declaration made by a person who conscien- 
tiously declines to take an oath, but having the same legal and binding 
obligation as an oath, with like penalties for perjury attached, and to 
be administered with like formalities. 

Agency. The office or business of a person acting for or intrusted with 
the affairs of another. The person so acting is called the agent : the 
one acted for is called the principal. 

Alias. Otherwise called. 

Alibi. Elsewhere. A person accused of a crime, pleading and proving 
that he was somewhere else than where the crime was committed,' 
at the time of its commission, pleads and proves an alibi. 

Alien. One born in another country than the one where he resides ; not 
possessing, therefore, the rights of citizenship where he resides. 

Alimony. An allowance made by a court to a wife out of her hus- 
band's estate. This may be done temporarily, as while a suit for 
divorce is pending ; or it may be done for life, as where a divorce is 
granted. 

Allegiance. The duty of fidelity which a person owes to his govern- 
ment for the protection which it affords him. Loyalty, fealty. 

Ambassador. A person appointed by a sovereign state, government, 
or prince, duly authorized to represent his government at the seat of, 
and manage its interests with, the government to which he is sent. 

Amnesty. An act of oblivion of past offenses, granted by the govern- 
ment, expressly or impliedly, either before or after conviction, to those 
who have committed offenses in time of war, or to those who have been 
guilty of any neglect or crime ; destroying the criminal act. 

Arbitrator. Umpire, referee. A person chosen, by parties who have 
a controversy, to determine and settle their differences. 

Arrest. The taking or apprehending of a person by the authority of law. 

Arson. The willful and malicious burning of a dwelling-house or out- 
house of another person. 

Assassin. One who kills, or attempts to kill, a person by surprise or 
secret assault. 

Assault. An unlawful attempt or offer to beat another, accompanied by 
a degree of violence, but without touching the person ; as with the 
fist, or a deadly or dangerous weapon. 

Attachment. A seizure or taking of the person or property by virtue 
of a legal process issued by a court of competent jurisdiction, or by a 
judge thereof, and directed to and executed by the sheriff or other 
proper officer. A writ. 



GLOSSARY. 319 

Attainder. The stain, forfeiture, and corruption of blood, which arise 
on a person being condemned for certain crimes. 

B. 

Sail* The security given for the release of a prisoner from the custody 
of an officer. The persons who become responsible for the appearance 
of the prisoner when demanded by the officer or by the court. 

Bailee. The person to whom goods are committed in trust for a speci- 
fied object. He has a temporary possession, and a qualified interest in 
them, until the object is accomplished. 

bailment. A delivery of goods in trust for some special object or pur- 
pose, on a contract, expressed or implied, that the trust shall be faith- 
fully executed and the goods re-delivered on fulfilling the conditions 
attached. 

Bailor. One who delivers goods to another in trust for a particular 
purpose. 

Ballot. A piece of paper or other thing used in voting. The act of 
voting with balls or tickets. 

Bankrupt. A person who is unable to pay his debts, and of whom it 
has been so declared by a court. One who fails in business, and 
becomes insolvent. 

Bequest. A gift of personal property by a last will and testament. 
A legacy. 

Bonil. A writing signed and sealed, by which a person binds himself, 
his heirs and assigns, to pay a certain sum of money on or before a 
future day appointed, on the failure of certain conditions therein 
stated. 

Burglary. The breaking and entering into a dwelling-house or other 
building of another person, with intent to commit a felony, whether 
the felonious purpose be accomplished or not. 

c. 

Cabinet The constitutional advisers of the chief executive officer of a 
State or nation, taken collectively. For instance, in the United States, 
the Secretary of State, and several other officers, are called cabinet 
officers. 

Census. An official registration of the inhabitants of a country, the 
value of their estates, and other general statistics of public interest. 

CllCClt. A written order, usually drawn on a banker, for the payment 
of a sum of money therein specified. 

Client. The employer of an attorney or counselor at law to transact 
professional business, usually in the course of judicial proceedings. 



820 GLOSSARY. 

Codicil. A supplement, or addition, to a will, forming a part thereof, 
and executed with the same formalities. 

Commerce. The exchange of merchandise or commodities between 
different places, countries, or communities. 

Concurrent. Joint and equal. Existing together, and operating on 
the same objects. With equal authority. 

Confiscation. The act of the government in appropriating the prop- 
erty of an individual, as a penalty, to the public use. 

Consanguinity. Relation by blood. Relationship of persons de- 
scended from a common ancestry, distinct from relationship by mar- 
riage. 

Consignee. A person to whom goods or other things are delivered, in 
trust, for sale or superintendence. A factor. 

Consignment. The act of consigning goods or other things. The 
goods or property sent to a consignee. 

Consignor. A person who makes a consignment. 

Conspiracy. A combination of persons for a wicked and unlawful 
purpose. 

Constable. An officer of the peace having power, and bound, to execute 
the warrants and other processes of judicial officers. 

Constituent. A person who appoints another to act for or represent 
him. A Congressman's constituency are the people of his district. 

Constitution. The fundamental law of a country, whether expressed 
in a written document, or implied in the institutions and usages of the 
government. 

Contraband. Merchandise or traffic prohibited in time of war. 

Contract. An agreement between two or more parties competent to 
contract, based on a sufficient consideration, promising to do or not to 
do certain things possible to be done, which things are not enjoined or 
prohibited by law. 

Conversion. An unlawful or wrongful appropriation, by one person, 
of the personal property of another. 

Conveyance. The legal transfer of the property of one person to 
another. An instrument in writing by which this is done. 

Convict. A person found guilty of a crime by a court of competent 
jurisdiction. 

Conviction. The act of convicting by the verdict of a jury and judg- 
ment of a court. 

Copartner. A person who is jointly concerned with others in any busi- 
ness-transactions. A member of a partnership. 

Copartnership. A joint interest between two or more persons in 
pecuniary or business matters. 

Coroner. An officer whose duty it is to summon a jury to inquire into 



GLOSSARY. 321 

the cause and manner of sudden or suspicious deaths, produced by vio- 
lence or otherwise. In certain cases, he acts as sheriff. 

Corporation. A body politic or corporate, composed of many individ- 
uals, formed and authorized by law, and empowered to act in many 
respects as a single person, capable of suing and being sued, holding 
property, conveying the same, and transmitting it to their successors. 

Corporator. A member of a corporation. 

Counsel. One who gives legal advice professionally. Advice and aid 
given in legal proceedings. 

Counselor. A person authorized by law to give legal advice profession- 
ally, and to manage causes in court. 

Court. One or more persons sitting for the trial of causes in a judicial 
capacity. The session of a judicial assembly. 

Covenant. A contract in writing, usually under seal, though not neces- 
sarily. 

Covenantee. The person to whom a covenant is made. 

Covenantor. The person who makes the covenant. 

Crime. An offense against the laws of the land, to which a penalty is 
attached. 

Criminal. A person who has been judicially adjudged guilty of a crime. 

D. 

Debt. A sum of money due by certain and express agreement. 

Debtor. A person who owes another a debt. 

Decree. A decision, order, sentence, or judgment, by a court or magis- 
trate. 

Deed. An instrument in writing, in due form of law, conveying title to 
real estate. 

Defaulter. One who is deficient in his accounts. One who fails to ap- 
pear in court when properly called. 

Defendant. A person against whom suit is brought in a court. 

Defense. The method adopted by the defendant to protect himself 
against the plaintiff's action. 

Demise. The conveyance of an estate in fee, or for a limited period 
specified. 

Demurrer. An admission of facts as stated by the opposite party, but 
a denial of the legal consequences which that party claims. 

Deponent. A person who makes a deposition or affidavit. 

Deposition. Testimony committed to writing, under the proper legal 
forms, to be afterwards used on the trial of a cause. 

Descent. Transmission by succession or inheritance. 

Devise. A disposition of real property by will. 
21 



322 GLOSSARY. 

Devisee. A person to whom a devise is made. 

Devisor. The person who makes a devise. 

Disfranchisement. Deprivation of the rights of citizenship ; as of 

voting, or holding office. 
Divorce. A legal dissolution of the marriage-contract. 
Domicile. An abode or mansion. Permanent residence. 
Donation. A gift. 

Donee. The person to whom a gift is made. 
Donor. The person who makes a gift. 
Dower. The right of the widow to the use of a certain portion of the real 

estate of which her husband dies seized. 
Duress. A state of compulsion induced by fear or restraint. 

E. 

Edict. An order issued by a sovereign to his subjects. 
Ejectment. A process of dispossession or expulsion. 
Elector. One who has the right to vote ; also one chosen to cast the 

vote of his constituency for the President and Vice-President of the 

United States. 
Embargo. A detention of ships and vessels, by order of government, 

from sailing out of port; generally on account of impending war or 

public danger. 
Embezzlement. Fraudulent appropriation to one's own use of per- 
sonal property intrusted to him by another for a particular purpose. 
Emblements. The produce or fruits of land sown or planted. 
Endowment. A permanent provision for the support of a person or an 

institution. 
Equity. Definition of, 290. 

Estate. The interest which one has in property of any kind. 
Execution. A judicial writ empowering an officer to carry a judgment 

into effect. The signing and sealing of a legal instrument, as a deed or 

will. 
Executor. The person to whom the execution of a will is intrusted by 

the testator. 

F. 

Fealty. Fidelity to one's government. Loyalty. Allegiance. 
IFee. An unconditional estate of inheritance transmissible to heirs. 
Felon. One who has been convicted of felony. 
Felony. A heinous crime punishable by imprisonment or death. 
Fine. A sum of money imposed by a court for commission of crime. 
Fixtures. Personal chattels affixed to real estate, passing with it. 
Foreclosure. The process of enforcing collection of a mortgage. 



GLOSSARY. 323 

Forgery. Fraudently making or altering a writing, or making a thing 
in imitation of another, with intent to deceive or defraud. 

Fratricide. A murderer of a brother or sister. 

Fraud. Deliberate deception for the purpose of obtaining unfair and un- 
lawful advantage in business-matters. 

Freehold. An estate in real property, for life or in fee. 

Freeholder. The owner of a freehold. 

Gr. 

Government. The manner in winch sovereignty is exercised. The 
administration of the laws. 

Grand Jury. A body of men, not less than twelve, nor more than 
twenty-three, summoned according to the forms of law, attending upon 
court for the purpose of inquiring into the commission of crimes within 
their jurisdiction. They find indictments against criminals, and pre- 
sent them to the court. 

Grant. A transfer of property by deed or writing. 

Grantee. The person to whom a grant is made. 

Grantor. The person who makes a grant. 

Guardian. One Avho has the lawful supervision of the person and 
business-affairs of an infant or other incompetent person. 

H 

Habeas Corpus. Literally, you may have the body. A writ having 
for its object to bring a party before a court or judge, especially with 
a view to inquire into the cause of a person's imprisonment or detention 
by another. If the person is found to be unlawfully restrained of his 
liberty, he will be discharged ; if not, he will be remanded to prison or 
custody. 

Heir. One who receives, inherits, or is entitled to, the possession of any 
property after the death of its owner. One to whom property descends 
by inheritance. 

Homestead. One's dwelling-place, with that part of his real estate 
immediately surrounding it. 

I. 

Illegal. Contrary to law. Unlawful. 

Impeachment. An arraignment of a public officer, under a written, 

formal accusation of corruption in office, or of crimes and misdemeanors 

for which he ought to be removed from office. 



324 GLOSSARY. 

Imports* Goods and chattels brought from foreign countries in the 

course of trade. 
Imposts. Taxes or duties imposed ; more especially on imports. 
Inalienable. Not transferable. 

Inchoate. That which is not yet complete or finished. 
Indictment. A written accusation of crime against a person, made by 

a grand jury in due form of law. 
Informer. One who informs the judicial authorities against a person 

who has violated some penal statute. 
Inheritance. A continuing right in an estate to a person and his heirs. 

A right transmitted by operation of law. 
Injunction. A writ granted by a competent court or a judge thereof, 

commanding a person to do or not to do some specific act mentioned 

in the writ. 
Inquest. A judicial inquiry. An official examination. 
Insolvency. A condition of inability to pay one's debts. 
Insurgent. A person who rises in revolt against the authority of gov- 
ernment or law. 
Intestate. A person who dies without making a will. 

J. 

Judge. A judicial magistrate above the grade of justice of the peace. 

Judgment. A judicial determination of a court or a judge, on the 
facts and issues tried in a cause. 

Judicial. Pertaining to courts of justice. 

Judiciary. That branch of government represented by the courts, giv- 
ing interpretation and application to the laws. 

Jurat. The certificate of the officer at the end of an affidavit, showing 
when and before whom it was made. 

Jurisprudence. The science of law. 

Jurist. One well versed in the science of the laws of the land. 

Juror. One Avho serves on a jury. 

Jury. A body of men summoned and swprn in court, to make inquest, or 
to give verdict on the facts of a cause as they appear from the evidence. 

Jury°»E£ox. The place where the jury sits during the trial of a cause. 

L. 

Inanition!. The owner of lands or houses leased to tenants. 

JLarceaiy. The unlawful taking and carrying away and appropriating 
the personal property of another. 

LaWi A rule of action prescribed by the supreme power of a State, com- 
manding what is right, and prohibiting what is wrong. 



GLOSSARY. 325 

Lawful. That which is not prohibited by law. 

Lease. The temporary letting of real estate by the owner to the use of 
another. 

Legacy. A gift of personal property by will. A bequest. 

Legal. Lawful. Permitted by law. 

Legatee. One to whom a legacy is made. 

Legislator. One who assists in making the laws. 

Legislature. The body of men who enact or repeal the laws. 

Lessee. The person to whom property is leased. 

Lessor. The person who leases property to another. 

Levy. The seizure of property on execution or tax- warrant. 

Libel. A defamatory writing. A published defamation. A malicious 
publication expressed in print, writing, by pictures, effigies, or other 
signs, tending to injure the memory of the dead or the reputation of the 
living, and to expose them to public hatred, contempt, or ridicule. 

Lien. A legal claim on property, for which the property is liable- 

Litigailt. A person engaged as a party in a lawsuit. 

Litigation. A legal contest between parties in court. 

Lunacy. Insanity broken by intervals of reason. 

Lunatic. A person affected by lunacy. . 

M. 

Majority. The full age required by law to manage one's own business- 
affairs. 

Malefactor. One who has committed a crime. A criminal. 

Malfeasance. The doing of that which the party has no legal right 
to do. 

Malicious. With wicked and unlawful intentions. 

Manslaughter. The unlawful killing of a person, without malice 
expressed or implied. 

Marshal. A ministerial officer in attendance at the United-States courrs, 
whose duty it is to serve the processes of the courts, and to do such 
duties as usually devolve on the sheriffs of State courts. 

Minor. A person of either sex under twenty-one years of age. 

Misdemeanor. Any indictable crime less than a felony. 

Misfeasance. A trespass, or any other affirmative wrong. 

Misnomer. The mistaking of the true name of a person. 

Misprision. Concealment of a crime. 

Mortgage. A conditional conveyance of property, usually as security 
for the payment of a debt. 

Mortgagee. The person to whom a mortgage is given. 

Mortgagor. One who makes a mortgage*. 



326 GLOSSARY. 



K 



Nation. The whole people of a country united under one government. 

Native. A person born within the limits of a country. A citizen or in- 
habitant by birth. 

Naturalization. That process by which an alien becomes a citizen. 

Negotiable. Transferable from one to another, with or without 
indorsement. 

Neutrality. The act of taking no part between two nations at war 
with each other. 

Nonsuit. A judgment given against a plaintiff when he fails, with or 
without trial, to prove his action. 

Nuisance. That which incommodes or annoys. 

Nuncupative. Oral or verbal ; that which is not written. 

o. 

Oath. A solemn affirmation or declaration, before a competent tribunal or 
officer, to tell the truth, appealing to God for the truth of what is 
asserted. 

Obligation. A bond with a condition annexed, and a penalty for non- 
fulfillment. 

Obligee. The person to whom another is bound. 

Obligor. The one who gives a bond to another. 

Offense. An open violation or transgression of a law. 

Officer. One lawfully invested with a civil or military office. 

Ordinance. A rule established by authority. 

Outlaw. A person excluded from the benefit of law. 

P. 

Pardon. An act of grace or favor from the sovereign authority, remit- 
ting the penalty for crimes committed by subjects. An amnesty is a 
general pardon to a large number. 

Partner. An associate in business transactions under a contract of part- 
nership. 

Partnership. An association of two or more persons in business mat- 
ters under contract. 

Passport.. Official authority to travel from place to place by land or 
water, especially in foreign countries. 

Pauper. A person so poor as to be unable to maintain himself, de- 
pending on charity for support. 

Pawn. A chattel given in pledge for the fulfillment of a promise to do 
something, or pay money. 



GLOSSARY. 327 

Pawnee. The person who receives a pawn. 
Pawnor. The person who deposits a pawn. 
Penally. Penal retribution. Punishment for a crime. 
Pension. An allowance paid by government, for past services, to offi- 
cers, soldiers, and sometimes to authors and artists. 
Perjury. Knowingly swearing falsely to matters material, in the course 

of judicial or other proceedings authorized by law, before an officer 

competent to administer an oath. 
PlaisitilT. The party who commences a suit in a court. 
PleailijlgS. The statement in a logical and legal form of the facts 

which constitute the plaintiff's cause of action, and the defendant's 

ground of defense. 
Policy. The writing or instrument in which a contract of insurance is 

embodied, whether on property or life. 
Prinia facie. Upon the first appearance. 
Prison. A place of custody or confinement of a person against his will. 

A jail. 
Prisoner. A person restrained of liberty against his will. 
Prosecutor. One who institutes a suit in a court of law or equity. 
Punishment. A penalty inflicted by a court on a criminal. 

R 

Real. Pertaining to things fixed and permanent, as real estate. 
Realty. The permanent nature of real property. Real estate. 
Rebel. A person who revolts from the government to which he owes 

allegiance, by openly opposing it, or taking up arms against it. 
Receiver. A person appointed by a court to receive and hold in trust 

money or other property which is the subject of litigation, pending the 

suit. 
Referee. One to whom matters in controversy are referred, by agree- 
ment of the parties or otherwise, for decision. 
Release. A giving up in due form some right or claim. 
Rent. A certain periodical profit issuing out of the use of lands and 

tenements. 
Repleviai. The name of an action at law for recovering the possession 

of goods and chattels wrongfully taken or detained. 
Reversion. The return of an estate to the grantor or his heirs, after 

the grant is determined. 

s. 

Seizin. The possession of an estate in freehold. 

Sergeant-at-arens. The officer of a legislative body who serves 
processes, and executes the orders of that body. Their constable. 



328 GLOSSARY. 

§!ieriff. The chief ministerial officer of a county to whom is intrusted 

the execution of the laws. 
Solicitor. An attorney ; one who practices in a court of equity. 
Solvency. Ability to pay all of one's debts. 
Specialty. A contract, or obligation by deed, under seal. 
Statute. An act passed and completed by the law-making power. 
Subornation of Perjury. Procuring or inducing a person to take 

a false oath constituting perjury. 
SubptPlia. A legal writ or process used for summoning a witness into 

court. 
Stlit. The attempt to secure a remedy by appeal to a court. 
Summons. A writ issued by a court, at the instance of the plaintiff, 

citing or warning the defendant to appear at a certain time, to answer 

to claims preferred against him by the plaintiff. 
Surety. One who becomes responsible for another. 
Surrogate. An officer who presides over the probate of wills, and the 

settlement of the estates of deceased persons. 

T. 

Tenant. One who has temporary occupation or possession of lands or 

tenements, the title of which is in another. 
Tender. An offer to pay money, deliver specific articles, or to perform 

service, according to the conditions of a contract. 
Tenure. The manner, act, or right of holding property, especially real 

estate, whether by exclusive title or by lease. 
Testator. One who leaves a valid will at death. 
Testatrix. A female testator. 

Testimony. The statements of witnesses under oath or affirmation. 
Title. That which gives the right to exclusive possession. 
Tonnage. A tax or duty on ships or vessels in proportion to their 

capacity or their actual cubical contents. 
Tort. Wrong or injury to one's property or rights, for which an action 

will lie. 
Traitor. One who violates his allegiance, and betrays his country. A 

person guilty of treason. 
Treason. An attempt to overthrow the government to which one owes 

allegiance. In the United States, the levying of war against the gov- 
ernment, or adhering to its enemies, giving them aid and comfort. 
Treaty. A compact, league, agreement, or contract between two or 

more nations or sovereigns, executed in legal form. 
Trespass. An unlawful act committed with force and violence by one 

person on the property or right of another. 



GLOSSARY. 329 

Trustee. One who holds or is intrusted with property for the benefit of 
others, or for corporate bodies. 

u. 

Unalienable. Not capable of sale, transfer, or release. 
Unconstitutional. Contrary or not agreeable to the Constitution. 
Use. The benefit or profit of lands and tenements, usually held by a 

trustee for the benefit of another. 
Usury. A premium paid or promised for the use of money, beyond the 

rate of interest established by law. Illegal interest. 

V. 

V. This letter is often put for versus, or against, in legal documents. 

Vendee. The purchaser, or person to whom a thing is sold. 

Venue. The place or county in which an act or fact is alleged to have 
been committed. 

Verdict. The unanimous decision of a jury, as reported to the court, on 
matters submitted to them in the trial of a cause civil or criminal. 

Verification. The act of proving to be true ; confirmation. 

Veto. A Latin word, signifying I forbid. It is applied to the refusal of 
the executive to sign a bill passed by the legislature. 

Vicinage. Contiguous or neighboring places. 

Viva voce. Literally, by the living voice, or orally. 

Void. Of no legal or binding force whatever, and incapable of confirma- 
tion or ratification. 

Voidable. Capable of being avoided and adjudged invalid. 

Vote. The means employed to express one's choice, preference, or will, 
either at elections, in legislative bodies, or in the course of other pro- 
ceedings ; sometimes done by balls, sometimes by written ballot, or by 
the voice. 

Voter. One who votes, or has the legal right to vote. 

w. 

Ward. An infant placed by authority of law under the care of a guar- 
dian. 

Warrant. A writ authorizing the arrest of a person to be brought be- 
fore the officer issuing the same, or some other officer of concurrent 
jurisdiction. It is directed to the sheriff or other officer authorized to 
make arrests. V 

Warrantee. The person to whom land or other property is warranted. 



330 GLOSSARY. 

Warrantor. The person who makes a warranty. 

"Warranty. An engagement that a certain fact regarding the subject of 
a contract is or shall be as expressly or impliedly promised by the 
warrantor. 

Will. The legal declaration of a person, in view of death, as to the man- 
ner in which he would have his property disposed of after that event. 
The instrument making this declaration. 

Witness. A person who testifies in a court, on oath or affirmation, as to 
his knowledge of the facts in issue between the parties. One who sub- 
scribes to apiece of writing to authenticate it. 

Writ. An instrument in writing, issued by a court or magistrate, com- 
manding the performance or non-performance of some act by the person 
to whom it is directed; as a writ of entry, execution, injunction, sum- 
mons, &c. 



INDEX. 



Absent members of Congress may be compelled to attend, 58, 83, 148, 149. 
Account of receipts and expenditures of public money, to be published, 62, 90, 

214, 215. 
Acts, public, of the States, faith to be given to, 63, 93, 230. 
Adams, John, first Vice-President of the United States, 30; President, 296. 
Adanis, John Q,uincy , elected President of the United States by the House of 

Representatives, 129 ; President, 297. 
Adjournment of Congress, effect of, when bills are in the hands of the Presi- 
dent, CO, 89, 210; restrictions on each house in reference to, 58, 83, 152. 
Affirmation, substitution of, for oath, 154. 
Admiralty and maritime, 67, 105, 233, 294. 
Alliances, States forbidden to enter into, 63, 96, 240, 241. 
Ambassadors, appointment of, 63, 82, 102, 141, 144; reception of foreign, 66, 103, 

279; definition of, 277. 
Amendments to the Constitution, when the first twelve were made, 32; power of 

Congress over, 69, 87, 202. 
American Revolution, causes that led to the, 16. 
American Colonies under the British Government, 11. 

Appellate jurisdiction of the Supreme Court, 67, 105, 294; meaning of, 290. 
Appointments, power of Congress over, 66, 102, 201, 202; by the President, 66, 

102, 275, 276. 
Apportionment, of representatives, 56, 79, 106, 116-119; of direct taxes, 56, 84, 

90, 157. 
Appropriations, for armies, restrictions as to, 61, 90, 214, 215 ; must be made by 

law before money can be drawn from the treasury, 62, 90, 214, 215. 
Arliwright, Sir Richard, invents the spinning-jenny, 205. 
Armies, Congress may raise and support, 61, 85, 184, 185. 
Arms, on keeping and bearing, 70, 91, 224. 
Army, standing, 137; of several European countries, 1S7, 183. 
Arrest, members of Congress privileged from, under the Confederation, 47; under 

the Constitution, 59, 99, 259, 260. 
Arsenals, restrictions concerning, 194. 
Articles of Confederation. See Confederation. 
Arts and sciences, promotion cf the, 61, 85, 179-181. 
Attainder, bill of, not to be passed by the United States, 62, 90, 216; definition 

of, 216; nor by the States, 63, 96, 245. 
Attorneys-General, 310; list of, 311. 
Authors, copyrights for, 61, 85, 17S-180. 
Ayes and Noes, in Congress, 5S, 83, 150, 151. 



332 INDEX. 



Bail, excessive, not allowed, 72, 98, 255; definition of, 255, 257. 

Bankruptcy, power of Congress to pass a uniform law respecting, 60, 85, 171, 172. 

Bankrupt laws by the States, forbidden, 172; definition of, 172. 

Bills, power of the President to approve or negative, 59, 60, 88, 89, 209, 210. 

Bills for raising revenue, to originate with the House of Representatives, 59, 80, 
126, 128. 

Bills of Attainder, not to be passed by Congress, 62, 90, 216; nor by the States, 63, 
96,216; definition of, 216. 

Bills of credit, States forbidden to emit, 63, 96, 242; meaning of, 242; emission 
under the Confederation, 242. 

Bills of indictment, 250, 253. 

Borrowing money under the Confederation, 53; under the Constitution, by Con- 
gress, 60, 84, 159, 160. 

Breckinridge, John C, Vice-President of the United States, 298. 

Bribery, impeachment for, 66, 93, 228. 

Buchanan, James, President of the United States, 298. 

Burr, Aaron, candidate for President of the United States, 128 ; is Vice-President, 
297. 



Cabinet, the President's constitutional advisers, 312; their salaries, 312. 

Calhoun, John C, twice Vice-President of the United States, 297. 

Capitation taxes to be in proportion to the census, 62, 90, 157, 213. 

Captures on land and water, Congress may make rules concerning, 61, 85, 184, 294. 

Cartwright, Edmund, invents the power-loom, 205. 

Ceded places, power of Congress over, 61, 62, 86, 193, 194. 

Census, how and when made, 56, 80, 124-126. 

Charter governments, 16. 

Chief Justice to preside on the trial of the President by the Senate, 57, 82, 142, 

146; salary of, 289. 
Citizenship, privileges and immunities of, 68, 93, 106, 230; of representatives, 56, 

79, 119, 120 ; of senators, 57, 80, 130, 131 ; of the President of the United States, 

64, 100, 262. 
Clay, Henry, candidate for the Presidency of the United States, 129. 
Clinton, George, Vice-President of the United States, 297; is re-elected, 297. 
Coin, domestic and foreign, value of, how regulated, 60, 84, 85, 169-171. 
Colonial governments, divided into three classes, 14-16. 
Colonies, unity of, 18. 

Commerce, power of Congress to regulate, 60, 84, 166-168. 
Commercial. Matters auxiliary to commerce, power of Congress over, 61, 84, 85, 

168-172. 
Commissions issued by the President of the United States, 66, 103, 281. 
Commissioners appointed by Maryland and Virginia, 24. 
Committee of the States under the Confederation, 20, 21, 51. 
Common law of England introduced into the Colonies, 14; definition of, 256. 
Common defense, one of the objects of the Constitution to provide for, 55, 78, 109, 

165. 



INDEX. 333 

Compensation, of members of Congress, 59, 84,154-156; of Judges of the Federal 

Courts, 67, 105, 289; of cabinet officers, 312; of the President of the United 

States, 65, 101, 272. 
Confederation, Articles of, 18, 19; ratification of, 19; peculiarities of 19, 20; copy 

of, 45. 
Confederation, decline and fall of, 21; defects of, 22: 
Congress, first and second Continental, 18. Second, passed the Declaration of 

Independence, 18; remained in session until the close of the Revolutionary 

War, 18. 
Congress, Constitutional, first meeting of, 30 ; composed of a Senate and House of 

Representatives, 55, 78 ; power of, relating to finances, 60, 84, 157-166 ; commerce, 

60, 84, 85, 166-172; penalties, 60, 85, 172-175; post-offices and post-roads, 61, 85, 
175-178 ; patent and copy rights, 61, 85, 178-1S1 ; war, 61, 85, 86, 181-188 ; judiciary, 

61, 67, 86, 188, 189; naturalization, 60, 83, 189-192; governing territory, 69, 86, 
192, 193; the seat of government of the United States, 61, 86, 193, 194; other 
ceded places, 61, 86, 194, 195; disposing of territory, 69, 86, 195; the admission 
of new States into the Union, 68, 86, 195-197 ; State elections, 58, 86, 197, 198 ; 
electors of President and Vice-President, 64, 87, 199; acts, records, and judicial 
proceedings of States, 68, 87, 199, 200; imposts and duties by States, 63, 87, 200, 
201 ; executive vacancy, 65, 87, 201 ; appointments to office, 66, 87, 201, 202 ; amend- 
ments to the Constitution, 69, 87, 88, 202, 203; slavery and the slave-trade, 62, 74, 
88, 203-205; general law-making, 62, 88, 205, 206. 

Constitution of the United States, origin of, 23 ; ratification of, 31 ; amendments 

to, 31 ; preamble to, 55, 78, 109-114; analysis of, 78. 
Connecticut, settled, 13; original government of, 16; ratifies the Constitution, 31; 

concession of territory by, 196. 
Consuls, appointment of, 66, 102; definition of, 277. 
Contracts, laws impairing the obligation of, prohibited, 63, 96, 243, 244; definition 

of, 243. See Glossary. 
Controversies, judicial jurisdiction over, 67, 105, 295, 296. 
Conviction, in cases of impeachment, 58, 82, 142, 145-147. 
Copyright, how protected, 61, 85; necessary steps to secure, 179-181. 
Counsel for accused, required by the Constitution, 71, 98, 254, 255. 
Counterfeiting securities and current coin of the United States, punishable, 60, 

85, 172, 173. 
Crawford, William H., candidate for the Presidency of the United States, 129. 
Credit, States forbidden to emit bills of, 63, 96, 241-243. 

Crimes, impeachable, 66, 92, 93; committed on the high seas, 51, 85, 173, 174. 
Criminals, delivering up fugitive, 68, 94, 233-235; not obliged to accuse themselves, 

71, 98, 254; not to be tried twice, 71, 98, 250, 251. 
Currency of the country, 169-171. 
Custom-House, duties collected by, 158, 159. 



Dallas, George M., Vice-President of the United States, 298. 

Debate, liberty of, in Congress, 59, 99, 259, 260. 

Declaration of Independence, passed by second Continental Congress, 18 ; copy 

of, 40. 
Declaration of Rights, 18 ; copy of, 35. 
Declaration of war, definition of, 182. 



334 INDEX. 

Debts, taxes laid and collected to pay, 60, 84, 164; amount of, at various periods, 

160, 165 ; tender in payment of, 63, 96, 243 ; contracted before the adoption of the 

Constitution, valid afterward, 69, 70, 91, 221, 222. 
Defense, the common, provision for, 55, 78, 112. 
Delaware, appendage of New York, 11, 12 ; afterward came under the jurisdiction 

of Pennsylvania, 12; original government of, 16; adopts the Constitution, 31. 
Departments of government, necessity of three, 33, 34, 78; division into, 114. 
Departments, executive, 299-309, 312. 
Direct taxes, not to be laid except in proportion to the census, 56, 90, 157 ; power of 

Congress to lay and collect, 84, 157. 
Discovery, right of, 11, 12. 
District of Columbia, 193. 

Domestic tranquillity, provision for insuring, 55, 78, 111, 112. 
Duties, power of Congress to lay and collect, 60, 84, 157, 158; definition of, 158; 

where collectible, 158. 



E. 

Electors of President and Vice-President, 64, 87, 199, 263, 264; of representatives, 
56, 79, 123; of senators, 57, 81, 133, 134. 

Establishment of religion by Congress, forbidden, 70 91, 224, 225. » 

Excises, power of Congress to lay and collect, 60, 84, 157 ; meaning of, 158. 

Execution of the laws, the President to see to, 66, 103, 280, 281. 

Executive Department, vested in a President, 63, 99, 260, 261 ; term of office of, 6S, 
99,261,262; eligibility to, 64, 100, 262, 263; election to, 63, 72, 73, 100, 263-271; 
proceedings of electors to elect to, 72, 73, 100, 264-266; proceedings in Congress 
to elect to, 73, 100, 101, 266, 267; when the House of Representatives elects to, 
73, 101, 267, 263; oath of office on assuming the, 65, 101, 271; how the incumbent 
of removable, 63, 101, 271; eligible to re-election, 263. 

Ex post facto law, forbidden, 62, 63, 90, 96, 216, 217, 245. 

Expenditures of money to be published, 62, 90, 214, 215. 

Exports, duties on, forbidden, 62, 90, 213, 214. 

Expulsion from Congress, 58, 83, 151, 152. 



Faith and credit given to public acts of States, 68, 93, 230. 

Felony, Congress to define and punish, 61, 85, 173, 174; common-law definition of, 

174. 
Fillmore, Millard, Vice-President of the United States, 298; succeeded to the 

Presidency on the death of President Taylor. 139 ; President, 298. 
Fines, excessive, forbidden, 72, 98, 255, 256; definition of, 255. 
Florida, acquisition of, 196; admisssion of into the Union, 197. 
Foreign commerce, regulation of, 60, 84, 166, 167. 
Foreign ministers to be received by the President, 66, 103, 279, 280. 
Foreign patronage forbidden, 62, 63, 92, 227. 
Forts, reservations respecting, 194. ' 
Franklin, Benjamin, opinion of, on the veto, 210. 
Freedom of the press and speech not to be abridged, 70, 91, 222, 223. 



index. 335' 



Freedom, religious, not to be prohibited, 70, 91, 222, 224, 225. 
Fugitives, under the Confederation to be delivered up, 46; under the Constitution, 
68, 94, 233-235. 



a. 

General welfare, provision for, 55, 78, 109, 165. 

Georgia, settled, 13; original government of, 15; adopts the Constitution, 31; con- 
cession of territory by, 196. 

Gerry, Elbridge, Vice-President of the United States, 297. 

Gold and silver, tender of, in payment of debts, 63, 96, 243. 

Governments, the colonial, 14, 16; republican form of, guaranteed to the States, 
69, 94, 232, 233. 

Grand jury, indictments by, 71, 98, 251; definition of, 251. 

Great Britain claimed the right to govern the colonies, 11; sovereign of, has 
absolute veto, 209. 

Guaranty of a republican form of government to the States, 69, 94, 232, 233. 



Habeas corpus, not to be suspended, 62, 90, 211, 213; example of, given, 213-215. 

Hamlin, Hannibal, Vice-President of the United States, 298. 

Harrison, William Henry, President of the United States, 298; died while in 
office, 139. 

Heads of Departments, the President may require the opinion of, 65, 102; table 
of, 299-312. 

High Seas, definition of, 174; power of Congress to punish crimes committed on, 
61, 85, 173, 174. 

Homestead law, general provisions respecting, 162. 

House of Commons, in England, 127; bills for raising revenue must originate 
in, 128. 

House of Lords, 127 ; composed of the aristocracy of Great Britain, 155. 

House of Representatives. See Representatives. 

Houses of Congress, provisions common to both, 55, 58, 82-84, 148-156; quo- 
rum, 58, 83. 148, 149 ; journal, 58, 83, 149 ; yeas and nays, 58, 83, 150, 151 ; business 
rules, 58, 83, 151; penalties, 58, 83, 151, 152; prohibitions, 58, 83, 152, 153; official 
oath, 70, 84, 153, 154; salaries, 59, 84, 154-156. 



Impeachment, House of Representatives, sole power of, 56, 80, 126, 127: Senate, 

sole power to try, 57, 82, 145-147 ; proceedings in cases of, 126, 127, 145-147. 
Imports, duties on, 158. 
Importation of slaves. See slave-trade. . 
Imposts, power of Congress to lay and collect, 60, 84, 157, 158. 
Independence, declaration of, 40. 
Indians, treatment of, 12; their title to the soil, 12. 
Indian Tribes, power of Congress to regulate commerce with, 60, 34, 168. 



336 INDEX. 



Indirect taxes, meaning of, 157, 158. 

Inhabitancy, required of representatives, 56, 79, 119, 120; of senators, 57, 80, 

130, 131. 
Insolvent laws by the States, constitutional, 172. 

Insurrections, militia may be called forth to suppress, 61, 86, 186, 187. 
Inter-State commerce, 62,90, 214. 

Invasion, protection against, 61, 86, 94, 186, 187, 232, 233. 
Invention, patents for, 61, 85, 180, 181. 



Jackson, Andrew, candidate for the Presidency of the United States, and de- 
feated, 129; elected twice afterward, 297. 

Jefferson, Thomas, Vice-President, 297, elected President by the House of Rep- 
resentatives, 128 ; serves two terms, 297. 

Johnson, Andrew, Vice-President of the United States, 298; succeeds to the 
Presidency on the death of President Lincoln, 139. 

Johnson, Richard M., Vice-President of the United States, 298. 

Journal of Congress to be kept, 58, 83, 149. 

Judges, appointment and tenure of office of, 66, 67, 104, 287, 288; salary of, 67, 
105, 289. 

Judgment, in cases of impeachment 57, 82, 145-147; not pardonable by the Presi- 
dent, 65, 102, 274. 

Judicial Department, where vested, 66, 67, 104, 284, 285; judges of, how ap- 
pointed, 66, 104, 287, 288, 289 ; oath of judges, 70, 104, 288 ; tenure of ofiice in, 67, 
104, 288; how judges of, removable, 66, 104, 289; jurisdiction of, 67, 105, 289-296. 

Judicial power of the Senate, 57, 58, 82, 145. 

Jurisdiction, original and appellate, 67, 105, 289-296. 

Jury, trial by, 71, 98, 252, 253. 

K. 

King, William R., Vice-President of the United States, 298. 



Lands, public, disposal of, 160-163; jurisdiction of the Federal Courts respecting 
titles to, 67, 105, 294. 

Land-titles, origin of, in this country, 13. 

Law, definition of, 290. 

Law and fact, jurisdiction of the Federal Courts as to, 67, 105, 293, 294. 

Law of nations, offenses against, 61, 85, 174. 

Laws for new countries, 14; mode of passing, in Congress, 59, 60, 88, 89, 207-210; 
power of Congress to make all necessary and proper, 62, 88, 205, 206 ; ex post 
facto forbidden, 62, 63, 90, 96, 216, 217, 245; impairing the obligation of contracts 
forbidden, 63, 96, 241, 243, 244. 

Law-making, process of, 59, 60, 88, 89, 207-211. 

Legal tender in payment of debts, 63, 96, 241, 243, 244. 

Letters of marque and reprisal, Congress may grant, 61, 85, 181, 183; States forbid- 
den to grant, 63, 96, 244, 245. 



index. 337 



Liberty, securing the blessings of, 55, 78, 113, 114. 

Lincoln, Abraham, died while President, 139 ; twice elected President, 298, 299. 

.Louisiana , acquisition of, 196 ; admitted into the Union, 196. 



Mm 

Madison, James, twice elected President, 297. 

Marque and reprisal, Congress may grant letters of, 61, 85, 181, 183; definition 
of, 183. 

Massachusetts, settlement of, 13; called a meeting of first Continental Congress, 
18; ratifies the Constitution, 31; concession of territory by, 196. 

Maryland, settlement of, 13; original government of, 16; appoints commissioners 
to meet with Virginia commissioners, 24; ratifies the Constitution, 31. 

Measures and weights, power of Congress to fix the standard of, 60, 85, 171. 

Meetings of Congress, 58, 88, 206, 207. 

Membership of either house of Congress, how determined, 58, 82, 148. 

Militia, power of Congress over, 61, 85, 186,187; discipline and government of the, 
61, 85, 186, 187; importance of the, 1S7. 

Ministers, public, appointment of, 65, 66, 102, 275, 276; foreign, reception of, 66, 
103, 279, 280 ; jurisdiction of the judiciary over, 67, 105, 291. 

Money, power of Congress to borrow, 60, 84, 157, 159; regulating the value of, 60, 
84, 170; and of foreign coin, 60, 84, 170, 171; punishment for counterfeiting, 60, 
85, 173; appropriation of, for armies, limited, 61, 90, 214, 215; States forbidden to 
coin, 63, 96, 241, 242; public, not to be drawn from the treasury unless appro- 
priated by law, 62, 90, 214, 215; power of Congress to coin, 60, 84, 169. 

Monroe, James, twice elected President of the United States, 297- 

N. 

IVaturalization, power of Congress over the subject of, 60, 86, 189. 

Navy, Congress may provide and maintain a, 61, 85, 185, definition of, 185. 

Negative of the President on laws, 59, 60, 89, 209, 210. 

New Hampshire, settled, 13; original government of, 15 ; ratifies the Constitution, 

31 ; concession of territory by, 196. 
New Jersey, settled, 13; adopts the Constitution, 31. 
New States, power of Congress to admit into the Union, 68, 86, 192, 196. 
New York, settled, 11, 13 ; original government of, 15 ; ratifies the Constitution, 31 ; 

concession of territory by, 196. 
Nobility, titles of, forbidden, 62, 63, 90, 96, 215, 245. 
North Carolina, settled, 13; original government of, 15 ; ratifies the Constitution, 

31 ; concession of territory by, 196. 

©. 

Oath of office, by members of Congress, 70, 84, 154; by judges of the Supreme 
Court, 70, 283; by the President of the United States, 65, 101, 271. 

Obligation of contracts, States forbidden to pass laws impairing, 63, 96, 243, 244. 

Office, tenure of by representatives, 56, 79, 121, 122; tenure of by senators, 57, 80, 
132, 133; disqualifications of members of Congress respecting, 59. 79, 80, 120, 121, 
130, 132; tenure of by the President, 63, 99, 261, 262; tenure of by the Vice- 
President, 63, 104, 283; appointments to, 65, 66, 102. 275, 278; removal from, 66, 
276, 277; tenure of by judges, 87, 105. 287, 288. 
22 



338 INDEX. 



Officers, provisions relating to, 59, 63, 64, 92, 107, 227, 228 ; not allowed to accept 
foreign patronage, 62, 63, 92, 227 ; the President, 65, 92, 260-281 ; impeachment of, 
57, 58, 66, 92, 93, 228; Federal, to be commission3d by the President, 66, 103, 281. 

Original and appellate jurisdiction of the Supreme Court, 67, 105, 291-295. 



Pardons, the President has the power of granting, except in cases of impeachment, 
65, 102, 274; definition of, 274. 

Patent rights, 61, 85, 178, 180; method of procuring, 180. 

Penalties, either house of Congress may inflict, 68, 83, 151, 152. 

Pennsylvania, settled, 13 ; original government of, 15 ; ratifies the Constitution, 
31. 

People, Constitution framed by the, 55, 78, 109; right of to peaceably assemble, and 
petition for a redress of grievances, 70, 91, 222, 224. 

Personal rights as to domicile, 71, 97, 249, 250; as to security of person, house, 
papers, and effects, 71, 97, 249, 250; judicial, 71, 98, 250-252; as to criminal trials, 
71, 72, 98, 252-254; as to civil actions, right of trial by jury, 72, 99, 256, 257; as to 
charges of treason, 67, 68, 99, 257-259; as to arrest, freedom of speech and debate, 
59, 99, 259, 260. 

Piracies, power of Congress to define and punish, 61, 85, 173-175; definition of, by 
common law, 173, 174. 

Philadelphia, Constitutional Convention met at, 27. 

Pierce, Franklin, President of the United States, 298. 

Polk, James K., President of the United States, 298. 

Population, progress of in the United States, 126. 

Postmasters, appointment of, 176. 

Post-Offices and post-roads, 61, 85, 175-178. 

Preamble to the Constitution, 55, 78, 109; exposition of the, 109-114. 

Presents to persons in office forbidden, 62, 63, 92, 227. 

President of the Senate, Vice-President of the United States, 57, 81, 137, 139-141. 

President of the Senate pro tempore, not Vice-President of the United States, 
139-141. 

President of the United States, impeachment and trial of, 66, 101, 271 ; cannot 
pardon in cases of impeachment, 65, 102, 274; power of to approve and negative 
bills, 59, 60, 83, 89, 207, 209-211; commander-in-chief of the army and navy, 65, 102, 
272, 273; his power to call out the militia, 187, 273; tenure of office of the, 63, 99, 
261, 262; mode of electing the, 72, 73, 100, 101, 263-267; qualifications for, 64, 
100, 262, 263; provision for vacancy of the office of the, 65, 87, 201; compensation 
of the, 65, 101, 272; oath taken by the, 65, 101, 271; powers of the, 65, 66, 102, 
103, 272; may require the opinion of the heads of the Departments, 65, 102, 273; 
power of, to grant reprieves and pardons, 65, 102, 274; to make treaties, 65, 102, 
274, 275 ; power of, to make appointments to office, 65, 65, 102, 275-277 ; to give 
information to Congress, 66, 102, 278, 279; to convene and adjourn Congress, 66, 
102, 103, 279 ; to receive ambassadors and other public ministers, 66, 103, 279, 280 ; 
shall see that the laws are faithfully executed, 66, 103, 280, 281; shall commission 
all officers of the United States, 66, 103, 281 ; may be re-elected, 263. 

Presidents, of the United 'States, table of, 296; of the Senate pro tempore^ list of, 
314. 

Press, liberty of the, 70, 91, 223. 



INDEX. 339 



Private property, on taking for public use, 71, 98, 252. 

Privilege from arrest, 59, 99, 259, 260. 

Privileges of citizens, 68, 93, 106, 230. 

Prohibitions, habeas corpus, 62, 90, 211-213; -with regard to taxes, 62, 90, 213; 
respecting export duties, 62, 90, 213, 214; inter-State commerce, 62, 90, 214: public 
money, 61, 02, 93, 214,215; titles of nobility, 62, 90, 215, 216; penalties, 62, 68, 90, 
91,216, 217; foreign slave-trade, 62, 69, 91, 217-221, 246-248 ; repudiation, 69, 70, 
91, 107, 108, 21, 222; civil freedom, 70, 91, 222, 223; religious freedom, 70, 91, 222, 
224, 225. 

Proprietary governments, 14, 15. 

Provincial governments, 14, 15. 

Public lands, 160-163; concessions of, by several States, 196. 



Qualifications for electors of representatives, 56, 79, 123, 124; for representa- 
tives, 56, 79, 119, 120 ; for senators, 57, 80, 130-132 ; for President and Vice-Presi- 
dent, 64, 100, 103, 262, 281. 

Quartering soldiers in private houses forbidden, 71, 97, 249. 

Quorum, in either house of Congress, 58, 83, 149 ; in the House of representatives, 
to elect a President, 73, 101, 267, 268; to elect a Vice-President by the Senate, 73, 
103, 282. 

K. 

Ratification of the Constitution by all the States, 31. 

Receipts of public money, account of, to be published, 62, 90, 214, 215. 

Religion, freedom of, 70, 91, 222, 224, 225. 

Religious establishments forbidden, 70, 91, 222, 224. 

Religious tests for office, prohibited, 70, 91, 224, 225. 

Representation, ratio of, in the House of Representatives, 56, 78, 114-116, 229. 

Representatives, House of, in Congress, 55; proportion, 56, 78, 114-116; appor- 
tionment of, 56, 79, 106, 107, 116-119 ; eligibility to membership of, 56, 79, 119-121 ; 
term of, 56, 79, 121, 122; by whom elected, 56, .79, 123, 124; qualifications of elect- 
ors of, 56, 79, 123, 124; vacancies in, how filled, 56, 80, 124; powers of House of, 
55, 56, 59, 80, 126-129; apportionment of, in 1860, 229. 

Reprisal, letters of marque and, 61, 85, 183. 

Reprieves and pardons by the President, 65, 102; definition of, 274. 

Republican form of government guaranteed to the States, 69, 94, 232, 233. 

Resources, national, 84, 157. 

Rhode Island settled, 13; its original form of government, 16 ; ratifies the Con- 
stitution, 31. 

Rules, each house of Congress may determine its own, 58, 83, 151; Congress may 
make, concerning captures, 61, 85, 181, 184; Congress may make, for the govern- 
ment of the land and naval forces, 61, 85, 181, 186. 



s. 

Salary, of members of Congress, 59, 84, 154-156; of the Federal judges, 67, 105, 289; 
of members of the cabinet, 312 ; of the President of the United States, 65, 101, 272. 



340 INDEX. 



Seat of Government, power of Congress over, 61, 86, 192, 193; places where it 
has been located, 194. 

Second trial forbidden, 251. 

Senate, United-States, how composed, 57, 80, 129, 130; eligibility to membership 
of, 57, 59, 80, 130-132; vacancies in the, how filled, 57, 81, 136, 137; presiding offi- 
cer of, 57, 81, 137-141; powers of the, 55, 57, 58, 59,65, 66.73,81,82,141-147; Pres- 
ident pro tempore of, not Vice-President of the United States, 139-141. 

Senators, how chosen, 57, 81, 133; mode of choosing, 134 ; their term of service 57 
80, 132, 133; how classed, 57, 81, 135, 136; qualifications of, 57, 59, 80, 130-132. 

Settlement of the North- American Colonies, 13. 

Shays, Daniel, leader of insurrection in Massachusetts, 26. 

Ships of war, not to be kept by States in time of peace, 63, 96, 214, 245. 

Slavery, its abolition, 74, 97, 203, 204; prohibited in North-west Territory, 248. 

Slave-trade, foreign, not to be prohibited by Congress prior to 1808, 62, 74, 91, 
204; brief history of, 217-221. 

South Carolina settled, 13; original government of, 15; ratifies the Constitution, 
31; concession of territory by, 196. 

Speakers of the House of Representatives, 312. 

Standard of weights and measures, power of Congress to fix the, 60, 85, 170. 

States, ratification of the Constitution by the, 31; voting by, under the Confedera- 
tion, 20, 47; apportionment of direct taxes among the, 56, 84, 90, 157; apportion- 
ment of representatives among the, 56, 79, 106, 116-119; not to engage in war, 63, 
96, 244 ; rights of, as to citizenship, 68, 93, 106, 230 ; the faith and credit to be given 
to the public acts, records, and judicial proceedings of, 68, 93, 230; admission of 
new, into the Union, 68, 69, 93, 195-197; the return of fugitive criminals by the, 68, 
94, 233, 234; the return of fugitive slaves by, 68, 94, 234; prohibitions as to trea- 
ties, alliances, and confederations, 63, 96, 240, 241 ; prohibitions as to war-powers, 
63, 96, 244; as to commercial powers, 63, 96, 241-244; as to penalties, 63, 96, 216, 
217; as to granting titles of nobility, 63, 90, 96, 215, 216; voting by, in the choice 
of President, 73, 101, 257, 258; privileges and immunities of citizens of, 68, 93, 106, 
230; guaranty of a republican form of government to the, 69, 94, 232, 233; power 
of Congress over the elections of, 58, 86, 197, 198. 

State Prohibitions, as to State relations, 63, 96, 240, 241; relating to commerce, 
63, 96, 241-243 ; as to war-power3, 63, 96, 244, 245 ; as to penalties, 63, 93, 245 ; as to 
granting titles of nobility, 63, 96, 245; as to exacting duties of tonnage, 63, 97, 245, 
246; as to slavery, 74, 97, 246-248. 

State Subordination, origin of, 69, 70, 95, 96, 236-238. 

Supreme Court, judicial power vested in, 66, 67, 104, 284. 



T. 

Taxation, Great Britain claimed the right of, over the Colonies, 17. 

Taxes, definition of, 157 ; Congress had no power to lay and collect, under the Con- 
federation, 22; apportionment of direct, 56,90, 157; power of Congress to lay and 
collect, 60, 84, 157; on imported slaves, 62, 88, 203. 298. 

Taylor, Zachary, President of the United States, 298; died while President, 139. 

Tender, in payment of debts, 63, 96, 241, 243, 244. 

Tenure of office of representatives, 56, 79, 121, 122; of senators, 57, 80, 132, 133; of 
the Federal judges, 67, 104, 289; of the President of the United States, 63, 99, 261. 

Term, representative, 56, 79, 121, 122; senatorial, 57, 80, 132, 133; Presidential, 63, 
99, 261. 



INDEX. 341 



Territory, power of Congress to govern, 69, 86, 192; acquisition of, 195, 196; 
power of Congress to dispose of, 69, 83, 160-163; each organized to have one rep- 
resentative, 116. 

Tests, religious, forbidden as qualifications for office, 70, 91, 222, 221. 

Title to the soil of America claimed by the Indians, 13. 

Titles to land, origin of, in this country, 13. 

Titles of nobility forbidden, 62, 63, 90, 96, 215, 216, 215. 

Tompkins, Daniel l>., twice Vice-President of the United States, 297. 

Tranquillity, domestic, provisions to insure, 55, 78, 111, 112. 

Treason, Congress to declare the punishment of, C8, 85, 175; definition of, 67, 99, 
257, 258; conviction of, 67, 99, 257, 258. 

Treasury, drawing money from, 62, 90, 214, 215. 

Treaties, under the Confederation, 49; States forbidden to enter into, 63, 96, 210, 
241 ; power of President and Senate respecting, 65, 82, 141-144, 274, 275 ; definition 
of, 143. 

Trial, of impeachment, 57, 58, 82, 145-147; by jury, 71, 98, 256, 257; places for hold- 
ing, 71, 86, 98, 188, 189; prohibition of second, 71, 98, 250, 251. 

Troops, not to be kept in time of peace, by the States, 63, 96, 244 ; quartering in time 
of peace, in houses, forbidden, 71, 97, 244, 245. 

Tyler, Jolin, Vice-President of the United States, 298; succeeds to the Presidency 
of the United States on the death of President Harrison, 139 ; becomes Presi- 
dent, 298. 



Unity of the Colonies, 18; of the Executive, 261. 
Uniformity of duties, imposts, and excises, 60, 84, 157, 158. 

Union of the States to be perpetual under the Confederation, 18, 45, 54; admission 
of New States into the, 68, 86, 192, 195-197. 



Vacancy in House of Representatives, how supplied, 56, 80, 124; in the Senate, 
57, 81, 13S, 137 ; of the Presidency and Vice-Presidency of the United States, 65, 
87, 201 ; appointments by the President, to fill, during the recess of the Senate, 
66, 102, 277, 278. 

Van Buren, Martin, Vice-President of the United States, 297; President of the 
United States, 298. 

Veto, definition of, 209; the President's limited, 209; the sovereign's of G-reat Bri- 
tain absolute, 209 ; restraint upon it by Congress, 59, 60, 89, 207,203,210; Dr. 
Franklin's views respecting, 210. 

Vice-President, qualifications of, 73, 103,231; how elected, 73, 103, 232 ; official 
oath of, 70, 103; official term of, 63, 101, 283; powers and duties of, 57, 65, 73, 
104, 283, 231; vacation of the senatorial chair by the, 139. 

Vice-Presidents, list of, 296. 

Virginia, settled, 13; original form of government of, 15; takes the lead in form- 
ing the Constitution, 23, 25; ratifies the Constitution, 31; concession of public 
lands by, 196. 

Vote, each senator has one, 57, 81, 137. 



842 INDEX. 



w. 

War, power of Congress to declare, 61, 85, 181. 

Warrants for search and seizure, 71, 97, 249, 250. 

Washington, George, appointed delegate to the Constitutional Convention, 25; 
is unanimously chosen president of that convention, 28; is chosen unanimously 
first President of the United States, 30; serves two terms, 296. 

Weights and measures, power of Congress to fix the standard of, 60, 85, 171. 

Welfare, general, provisions for promoting the, 55, 78, 112, 113. 

West Virginia, when erected into a State, 231 ;■ when admitted into the Union, 
197, 231. 

Whitney, Eli, invents the cotton-gin, 205. 

Witnesses, persons accused not bound to he, against themselves, 71, 98, 254; 
accused to have compulsory process for obtaining, 71, 98, 254; party accused to 
be confronted by, 71, 98, 254; two necessary to conviction of treason, 67, 68, 99, 
254, 257, 258. 



Teas and Nays, shall be taken on demand of one-fifth of the members of either 
house of Congress, 58, 83, 150; mode and object of taking the, 150. 



THE END. 



